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240 N.C. 791

83 S.E.2d 892

White v. Logan

Supreme Court of North Carolina

Decided October 20, 1954

Supreme Court of North Carolina · decided 1954-10-20

Relies on Joyce v. Sell · Furst v. . Taylor · Davis v. . Dockery

Good law ✅— No negative treatment on recordhow we know

Decided 1954-10-20

How this case has been cited

Cited by 8 later decisions — most recently March 2017

6 state decisions

401954196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Johnson, J.

¶1 It is well settled that tbe plea of payment is an affirmative one, and tbe general rule is that tbe burden of showing payment must be assumed by tbe party interposing it. Davis v. Dockery, 209 N.C. 272, 183 S.E. 396; Furst v. Taylor, 204 N.C. 603, 169 S.E. 185; Collins v. *792 Vandiford, 196 N.C. 237, 145 S.E. 235; Swan v. Carawan, 168 N.C. 472, 84 S.E. 699. See also Joyce v. Sell, 233 N.C. 585, 64 S.E. 2d 837; 8 Am. Jur., Bills and Notes, Sec. 1035; 40 Am. Jur., Payment, Sec. 278. The burden of proof is a substantial right. Davis v. Dockery, supra; Collins v. Vandiford, supra.

¶2 Here tbe defendant’s plea of payment cast on him tbe burden of proving tbe affirmative of tbe issue thus raised. However, tbe trial court inadvertently placed tbe burden of proof on tbe plaintiff. This entitles tbe plaintiff to a

¶3 New trial.

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