Morehead Banking Co. v. Walker

Montgomery, J.:

The defendants admitted the execution of the note, which recited a consideration, but averred payment, and asked to assume the burden on the trial. The Court held that this course was a proper one and the plaintiffs excepted. His Honor was right in refusing to sustain the exception. Stronach v. Bledsoe, 85 N. C., 473; Carrington v. Allen, 87 N. C., 354. The plaintiffs offered as a witness the cashier of plaintiff bank, who was also a stockholder, to prove that in an alleged conversation between himself and Sellars, the intestate of the defendant, and the principal of the note,…