White v. Logan

Supreme Court of North Carolina
White v. Logan, 83 S.E.2d 892 (N.C. 1954)
240 N.C. 791; 1954 N.C. LEXIS 516
Johnson

White v. Logan

Opinion

Johnson, J.

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.

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

New trial.

Reference

Full Case Name
Jim White v. H. A. Logan, Jr.
Cited By
6 cases
Status
Published