Graham v. . Holt
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Orange County, at the Special Term in June, 1843, his Honor Judge Nash presiding. This was an action of debt, in which the plaintiff declared in two counts: First, on a bond for two hundred and sixty-five dollars and two cents. Secondly, on a simple contract for the samo amount. The defendant pleaded the general issue to each count.
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Appeal from the Superior Court of Law of Orange County, at the Special Term in June, 1843, his Honor Judge Nash presiding. This was an action of debt, in which the plaintiff declared in two counts: First, on a bond for two hundred and sixty-five dollars and two cents. Secondly, on a simple contract for the samo amount. The defendant pleaded the general issue to each count. On the trial the plaintiff produced a bond for the sum stated in the declaration, payable at nine months, and dated the 3d February, 1839, and proved the defendant’s signature thereto. The defendant called as a witness John…
1Opinion of the CourtDaniel, J.
As to the first count. A bond is the acknowledgment of a debt under seal, the debt being therein Particularly specified. In every good bond there must be an obligor and an obligee, and a sum in which the former is bound. Shep. Touch. 56. Com. Dig. Obligation A. Hurleston, 2. In New York, ex parte Therwin, 8 Cowen 118, and some other of the American cases, the nisiprius decision before Lord Mansfield of Traxira v Evans, 1 Anst. 229 in noia has been followed. That case was, where a party executed a bond with blank spaces for the name and sum, and sent an agent, without a power of attorney under…
2Cited by9 opinions
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- Merchants Bank & Trust Co. v. WimbishSupreme Court of North Carolina · 1926
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