Davenport v. . Sleight
Supreme Court of North Carolina
Debt upon a single bond for one hundred dollars. Plea, non estfactum. On the trial, before Toomer, Judge, at Tyrrell, on the last Circuit, the only question was as to the execution of the bond. It appeared that one Frasier brought the bond to the house of the plaintiff, already written excepting a ■blank for its amount, and signed and sealed by the defendant.
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Debt upon a single bond for one hundred dollars. Plea, non estfactum. On the trial, before Toomer, Judge, at Tyrrell, on the last Circuit, the only question was as to the execution of the bond. It appeared that one Frasier brought the bond to the house of the plaintiff, already written excepting a ■blank for its amount, and signed and sealed by the defendant. Frasier, as the agent of the defendant, made an •agreement with the plaintiff for the purchase of a vessel, whereupon he filled up the blank with the agreed price, attested the instrument, and delivered it to 'the plaintiff. After the…
1Opinion of the Court
Ruffin, Chief Justice.
The instrument sued on is not, in the opinion of the Court, the bond of the defendant.
When put into the hands of Frasier, it was not a deed, because it was imperfect and did not purport to oblige the payment of any sum of money. The parol authority to Frasier to fill up the blank with the sum that might be agreed upon as the price of the vessel, we think, is not a valid authority to deliver the paper, thus completed, as the deed of the defendant. Being executed in his absence it does not bind the defendant. The case of M‘Kee v. Hicks, 2 Dev. 397, is directly in point. It…
2Cited by8 opinions
- Rollins v. Ebbs.Supreme Court of North Carolina · 1905
- Rollins v. Ebbs.Supreme Court of North Carolina · 1904
- Alexander v. . CommissionersSupreme Court of North Carolina · 1874
- In re the Foreclosure of the Deed of Trust of MillsCourt of Appeals of North Carolina · 1984
- Merchants Bank & Trust Co. v. WimbishSupreme Court of North Carolina · 1926
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