Southern Auto Finance Co. Ex Rel. Clark v. Pittman

The court gave peremptory instructions with respect to issues 2, 3, 4, and 5. Defendants assign these instructions as error.

Defendants, having admitted the execution of the note and lien, had the burden of establishing their plea of payment. Schwabenton v. Bank, 251 N.C. 655, 111 S.E. 2d 856; Paving Co. v. Speedways, Inc., 250 N.C. 358, 108 S.E. 2d 641.

To show payment defendants rely on a check for $3,000, dated 30 September 1959, drawn by Tommy Pittman on First-Citizens Bank & Trust Co., payable to plaintiff's order. This statement appears on the check:

“This check is in payment of items as…