White v. Alleghany Mountain Corp.

*397The Bank of Salem instituted this action, by a notice of motion, against Alleghany Mountain Corporation as maker, on a note for $1,000, dated June 13, 1929, and payable ninety days after date to the order of W. R. White. It was established that the balance due by White, for which the bank held this note as security, was only $110.00. For this amount defendant admitted its liability. It was agreed that the action for the difference was for the use and benefit of W. R. White. The jury returned a verdict for White; the trial court set aside the verdict and entered judgment for the defendant.…