There was evidence at the trial of this action tending to show that on 21 December, 1929, the plaintiff paid the amount of the *305 note due and payable on or before 1 January, 1930, to tbe authorized agent of tbe defendant, W. B. Wooten, and that said agent deposited said amount witb tbe Bank of Oak City to tbe credit of tbe said defendant in accordance witb bis instructions. Tbe note was in tbe possession of tbe agent at tbe time payment was made to bim by tbe plaintiff,, and was delivered by bim to tbe plaintiff, marked “paid and satisfied.” Tbe agent sent to tbe defendant a deposit slip showing that tbe amount paid to him by tbe plaintiff bad been deposited witb tbe bank to tbe credit of defendant. Tbe defendant has filed witb tbe liquidating agent of tbe Bank of Oak City, which was closed because of its insolvency, on 23 December, 1929, bis claim for tbe amount of tbe deposit.

There was no error in tbe refusal of defendant’s motion for judgment as of nonsuit at tbe close of tbe evidence.

We find no error in tbe trial. Tbe evidence was submitted to tbe jury under instructions which are free from error. Tbe verdict is supported by tbe evidence. Tbe judgment is affirmed.

No error.