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  5. 108 S.E.2d 641 (1959)
 

F. D. CLINE PAVING CO. v. SOUTHLAND SPEEDWAYS, INC.

No. 462.

108 S.E.2d 641 (1959)

250 N.C. 358

F. D. CLINE PAVING COMPANY v. SOUTHLAND SPEEDWAYS, INC., G. F. Penny, J. A. Morgan, Archie Fleming, Jr., C. C. Triplett and John W. Griffin.

Supreme Court of North Carolina.

May 20, 1959.

Attorney(s) appearing for the Case

Hofler & Mount, Durham, for defendant appellants.

Ruark, Young, Moore & Henderson, Raleigh, for plaintiff appellee.

RODMAN, Justice.

Appellants contend: (1) The filing of the lien and claim with the receiver for $18,342 was an election to release them, which now bars plaintiff's right to proceed against them; (2) the acceptance of the Chesnutt note was a payment of the note endorsed by them; and (3) if the acceptance of the Chesnutt note did not discharge their obligation, the acceptance of the stock in Capital Investment Company was a payment and discharge.

None of these...

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