AUTO FINANCE COMPANY OF N.C. v. McDONALD

No. 250.

105 S.E.2d 193 (1958)

249 N.C. 72

AUTO FINANCE COMPANY OF N. C., Inc. v. Paul J. McDONALD.

Supreme Court of North Carolina.

October 15, 1958.


Attorney(s) appearing for the Case

James B. Ledford, L. Glen Ledford, Charlotte, for defendant-appellant.

B. Irvin Boyle, J. J. Wade, Jr., Charlotte, for plaintiff-appellee.


HIGGINS, Justice.

One question only was in dispute in the court below: Was the debt paid? The defendant admitted the execution and delivery of the note and contract. The plaintiff had possession and introduced both in evidence. Defendant relied on the defense of payment.

The court charged the jury that the burden of showing payment was on the defendant. This the defendant challenges upon the ground that the receipt...

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