Henderson Chevrolet Co. v. Ingle

This was a motion of defendant to set aside a judgment rendered in favor of plaintiff and against defendant at May-June Term, 1931, of the Superior Court of Henderson County, under C. S., 600 for excusable neglect.

Defendant, F. B. Ingle, bad sufficient funds in the American National Bank of Asheville, to meet a check drawn on the bank for $142 which was delivered to plaintiff, about ten o’clock a.m., on 19 November, 1930, at its office in Hendersonville, to pay the last note due by defendant to plaintiff for a Chevrolet sedan.

The court below found the following facts: “That the plaintiff sent…