Bland v. . O'Hagan
Supreme Court of North Carolina
Debt, tried before Jones, J., at Spring Term 1870 of Pitt Court. 'The plaintiff declared upon a bond for money, payable to himself. It appeared that the name of the obligee had-been, inserted by one Haddock, to whom the defendant had handed it for other signatures, and for registration, after the defendant had executed it, having been in blank at that time, and that the date was also altered after that time.
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Debt, tried before Jones, J., at Spring Term 1870 of Pitt Court. 'The plaintiff declared upon a bond for money, payable to himself. It appeared that the name of the obligee had-been, inserted by one Haddock, to whom the defendant had handed it for other signatures, and for registration, after the defendant had executed it, having been in blank at that time, and that the date was also altered after that time. The plaintiff offered to show by Haddock that the signers of the paper authorized him to fill the blank, and make the alteration of date, or assented to what had been done. His Honor…
1Opinion of the CourtDick, J.
The instrument sued on was not the deed of the defendant when it was handed to Haddock, as there was-a blank as to the name of the obligee: Marsh v. Brooks, 11 Ire. 409.
Haddock could not perfect the instrument by filling the-blank with the name of an obligee, unless he did so in the presence of the defendants, and with their express assent; or by a writteh authority under their hands and seals. After the blank was filled, and the alteration made in the date, if the instrument had been presented to the defendants, and they had ratified the act of .their agent, and authorized the delivery of…
2Cited by12 opinions
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Humphreys v. . FinchSupreme Court of North Carolina · 1887
- Cadell v. . AllenSupreme Court of North Carolina · 1888
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