Opinion
Spring Term, 1799.
An order to pay money is, in the hands of the drawee, evidence of payment; otherwise of an order to deliver goods.
Harris for the plaintiff.
Slade for the defendant.
In this case it was held by the Court that an order drawn by the defendant upon the plaintiff for the payment of money, and by him retained, is evidence that the money was advanced, agreeably to the directions of the order; but that an order under the same circumstances, for the delivery of goods, is not of itself evidence of the delivery; to prove that fact, additional evidence is necessary.
Cited: Kennedy v. Williamson, 50 N.C. 287.