Great American Insurance v. Holiday Motors of High Point, Inc.

Defendant’s failure to demand a jury trial, as provided by G.S. 1-539.5, constituted a waiver of that right. The facts found by the court are amply supported by the evidence. They are conclusive and binding on us. Johnson v. Johnson, 262 N.C. 39, 136 S.E. 2d 230. The exception to the judgment raises the question: Are the facts found sufficient to support the judgment? The answer is “yes.” The rule of law applicable to the facts of this case is well stated in 10 Am. Jur. 2d 573. It is there said:

“The responsibility of the drawee who pays a forged check, for the genuineness of the drawer’s…