#### PAGE TRUST COMPANY and S. O. BAUERSFELD, Receivers of the Bank of Hamlet, v. R. LEVIN, H. LEVIN and J. LEVIN, Copartners, Trading as R., H. and J. Levin.

(Filed 16 November, 1927.)

Appeal by plaintiif from Lyon, Special Judge, at March Term, 1927, of BlCHMOND.

Civil action to recover balance alleged to be due on promissory note.

Defendants claimed a set-off to tbe amount of moneys bad on deposit in tbe Bank of Hamlet at tbe time of its closing.

Upon tbe facts found by tbe judge, by consent, sitting as both judge and jury, a trial by tbe latter being waived, judgment was entered for tbe defendants for tbe excess of tbe amount on deposit over tbe balance due on tbe note in suit. Plaintiffs appeal, assigning error.

Bynum & Henry for plaintiffs.

W. B. Jones for defendants.

Per Curiam.

Tbe case is controlled by what was said in Coburn v. Carstarphen, ante, 368, 139 S. E., 596; Williams v. Coleman, 190 N. C., 368, 129 S. E., 818, and Davis v. Mfg. Co., 114 N. C., 321, 19 S. E., 371. Tbe judgment must be upheld on authority of these cases.

Affirmed.