Blume v. . Bowman
Supreme Court of North Carolina
Appeal from íhe Superior Court of Law of Stokes county, at the Spring Term, 1842, his Honor Judge Dick presiding. The action was an action of debt, brought by the plaintiff-, as clerk and máster, on a penal bond'for five thousand dollars, alleged to have been executed by Andrew Bowman and others, of which the following is a copy.- “Know all men by these presents, that we, Willis Pilking-ton, Ryland Roberts and James Martin, Jun., A. 11. Ruffin, William Barr, Andrew Bowman,…
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Appeal from íhe Superior Court of Law of Stokes county, at the Spring Term, 1842, his Honor Judge Dick presiding. The action was an action of debt, brought by the plaintiff-, as clerk and máster, on a penal bond'for five thousand dollars, alleged to have been executed by Andrew Bowman and others, of which the following is a copy.- “Know all men by these presents, that we, Willis Pilking-ton, Ryland Roberts and James Martin, Jun., A. 11. Ruffin, William Barr, Andrew Bowman, Isaac Nelson, Joseph. W. Winston and Jacob Salmons acknowledge ourselves held and firmly bound unto John C. Blume, clerk…
1Opinion of the CourtDaniel, J.
This was an action of debt. Plea non est factum. The writing declared upon was prepared by the deputy of the plaintiff, and by him delivered to the principal (Roberts,) to be executed as a bond by himself and his sureties. The next thing we hear of the bond, it is in the hands of the obligee, signed and sealed by the defendants. It appears, that, after the writing had been prepared fcr execution by the deputy, one James Martin had inserted his name in the body of the instrument as one of the obligors, but he had omitted to seal the same. The defence at the trial was, that the writing was…
2Cases cited1 opinion
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
3Cited by4 opinions
- Crudup v. Oklahoma Portland Cement Co.Supreme Court of Oklahoma · 1916
- Williams v. . SpringsSupreme Court of North Carolina · 1847
- Fitts v. . GreenSupreme Court of North Carolina · 1831
- Ingram v. . HallSuperior Court of North Carolina · 1795