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ATLANTIC DISCOUNT OF AHOSKIE, INC. v. SMITH

No. 706DC44.

174 S.E.2d 709 (1970)

ATLANTIC DISCOUNT OF AHOSKIE, INC. v. Cynthia Gray SMITH.

Court of Appeals of North Carolina.

June 24, 1970.

Attorney(s) appearing for the Case

Leroy, Wells, Shaw, Hornthal & Riley, by Dewey W. Wells, Elizabeth City, and Cherry & Cherry by Thomas L. Cherry, Ahoskie, for plaintiff appellant.

Jones, Jones & Jones by L. Bennett Gram, Jr., Ahoskie, for defendant appellee.

MALLARD, Chief Judge.

Plaintiff assigns as error the court's allowing the defendant to present evidence of payment of the indebtedness when payment was not affirmatively pleaded in defendant's answer.

It is well settled in North Carolina that payment is an affirmative defense and must be specially pleaded.

"Any defense which is intended to operate as a discharge of the obligation set forth in the complaint should be specially pleaded and cannot be...

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