White v. Logan
Cases that cite this one
5 later published cases cite this decision.
- Thompson v. SEABOARD AIR LINE RAILROAD COMPANY (N.C. 1958)
- Mills International, Inc. v. Holmes (In re Mills International, Inc.) (United States Bankruptcy Court, E.D. North Carolina 2017)
- General Tire and Rubber Co. v. Distributors, Inc. (N.C. 1960)
- AUTO FINANCE COMPANY OF NC v. McDonald (N.C. 1958)
- Smith Builders Supply, Inc. v. Dixon (N.C. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.