First & Citizens National Bank v. Toxey

Per Curiam. At the trial evidence was offered by the plaintiff tending to show that the note sued on was tendered to and accepted by the plaintiff in renewal of a note payable to the plaintiff, which was executed by the defendants Sudie Toxey and W. G. Lloyd Toxey, as makers, and by the defendants Sarah J. Toxey and J. H. Aydlett, as endorsers. The defendants’ objection to this evidence was overruled. The evidence was competent as tending to show that the defendant had endorsed the note sued on, as the evidence for the plaintiff tended to show. The decision in American Bank and Trust Co. v. Harris, 180 N. C., 238, 104 S. E., 458, is not applicable in this appeal. Evidence was offered by the defendant tending to show statements made by officers and employees of the plaintiff, subsequent to the acceptance by the plaintiff of the note sued on, to the effect that the name of the defendant appearing on the back of the note was not in his handwriting. This evidence was properly excluded. See Hamrick v. Telegraph Co., 140 N. C., 151, 52 S. E., 232. We find no error in the trial. The judgment is affirmed. "While this appeal was pending in this Court, the defendant J. H. Aydlett died. His administrator, Julian E. Aydlett, was duly made a party defendant by an order made by this Court. Eule 37. No error.