FIRST NAT. BANK OF CATAWBA COUNTY v. BURWELL

No. 8225SC1346.

310 S.E.2d 47 (1983)

65 N.C. App. 590

FIRST NATIONAL BANK OF CATAWBA COUNTY, Plaintiff, v. Horace R. BURWELL and Wife, Wanda Burwell, and Zollie E. Hamby and Wife, Maude Hamby, Defendants, v. Earl A. McALISTER, Jr., Third-Party Defendant.

Court of Appeals of North Carolina.

December 20, 1983.


Attorney(s) appearing for the Case

Sigmon, Clark & Mackie by E. Fielding Clark, II, Hickory, for plaintiff-appellee.

Randy D. Duncan, Hickory, for defendants-appellants.


WHICHARD, Judge.

Defendants contend the court erred in refusing to submit the following tendered issues: (1) "Was the note completed by the plaintiff as authorized by ... defendants?" (2) "Was the note delivered to plaintiff upon condition that ... defendants' liability be limited to $5,000.00?" For reasons hereafter set forth, we find no error.

The factual basis of defendants' contention is as follows:

An officer of plaintiff bank testified that he...

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