Lowe v. . Dorsett
Supreme Court of North Carolina
Ctvtl Actiojst upon a promissory note, tried before Shaw, J., at Spring Term, 1899, of the Superior Court of RANDOLPH County. A single issue was submitted to the jury. Bid the defendant intestate execute the note set out in the complaint ? To which the jury made answer: “No.” There was judgment in favor of defendants, from which the plaintiff appealed.
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Ctvtl Actiojst upon a promissory note, tried before Shaw, J., at Spring Term, 1899, of the Superior Court of RANDOLPH County. A single issue was submitted to the jury. Bid the defendant intestate execute the note set out in the complaint ? To which the jury made answer: “No.” There was judgment in favor of defendants, from which the plaintiff appealed. The exceptions to the evidence and the reception and recording the verdict, taken and noted for the plaintiff, sufficiently appear in the opinion.
1Opinion of the CourtEaiRcuoth, C. J.
This action was instituted against the defendant administrator of John Arnold on the following instrument: “Twelve months after date I promise to pay to S. H. Lowe the sum of six hundred dollars. This January 11, 1896. (Signed) John Arnold.”
Plea, non est faclum. On the trial several witnesses were examined as to the genuineness of the signature of John Arnold. It was admitted that the body of the instrument was in the plaintiff’s handwriting. A witness was introduced by the defendant, not as an expert, to disprove the genuineness of the signature. Upon cross-examination the plaintiff put this…
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