Martin Flying Service v. Martin

62 S.E.2d 528 (1950)

233 N.C. 17

MARTIN FLYING SERVICE, Inc.

v.

MARTIN et al.

No. 527.

Supreme Court of North Carolina.

December 13, 1950.

Bulwinkle & Howard, Gastonia, for Plaintiff Appellee.

Alvin A. London, J. C. Sedberry, and Robert G. Sanders, all of Charlotte, for Defendant Brockenbrough Appellant.

DEVIN, Justice.

The plaintiff based its action upon the allegation in its complaint that it had made payments to the Wachovia Bank & Trust Company at various times in 1947 and 1948 aggregating $2792.40, which payments were credited on and used for the payment of a note of $3193.32 secured by chattel…