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FIDELITY AND CASUALTY CO. OF N. Y. v. NELLO L. TEER CO.

No. 670.

109 S.E.2d 171 (1959)

250 N.C. 547

FIDELITY AND CASUALTY COMPANY OF NEW YORK v. NELLO L. TEER COMPANY.

Supreme Court of North Carolina.

June 12, 1959.

Attorney(s) appearing for the Case

Bryant, Lipton, Strayhorn & Bryant, Durham, for plaintiff, appellant.

Basil M. Watkins, Charles B. Nye, and E. L. Haywood, Durham, for defendant, appellee.

RODMAN, Justice.

When plaintiff, by its reply, challenged defendant's plea of accord and satisfaction, it did not, nor does it now, claim that it was induced to accept the check for $70,438.21 by fraud or mistake.

Section II of the answer alleged the check on its face computed the amount owing and paid in this manner:

  "As per agreed statement as of
   9-1-53 between Mr. Adair

   and Mr. McGarry                            $86,371.38

  ...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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