Chamblee v. Farmers & Merchants Bank

.Broyles, P. J.

1. Under the ruling of this court in Sloan v. Farmers & Merchants Bank, ante, 123 (92 S. E. 893), the court did not err in striking, on oral motion at the trial term, the original answer and plea of the defendant, or in disallowing all of the proffered amendments except the amendment which set up the defense of non est factum as to the indorsement of the note sued upon. The latter plea was properly-allowed.

2. The charge of the court as to the respective weight to be given to the evidence of witnesses who testify positively to a fact and to the evidence of other witnesses who…