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WHITE v. LOGAN

No. 310.

83 S.E.2d 892 (1954)

240 N.C. 791

Jim WHITE v. H. A. LOGAN, Jr.

Supreme Court of North Carolina.

October 20, 1954.

Attorney(s) appearing for the Case

Horace Kennedy, Shelby, for plaintiffappellant.

No counsel contra.

JOHNSON, Justice.

It is well settled that the plea of payment is an affirmative one, and the general rule is that the burden of showing payment must be assumed by the party interposing it. Davis v. Dockery, 209 N.C. 272, 183 S.E. 396; Furst v. Taylor, 204 N.C. 603, 169 S.E. 185; Collins v. Vandiford, 196 N.C. 237, 145 S.E. 235; Swan v. Carawan, 168 N.C. 472, 84 S.E. 699. See also Joyce v. Sell, 233 N.C. 585, 64 S.E...

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