McKee v. . Hicks
Supreme Court of North Carolina
From Caswell. Debt upon a single bill executed by the Defendant as the surety of one John Campbell, payable to the Plaintiff.
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From Caswell. Debt upon a single bill executed by the Defendant as the surety of one John Campbell, payable to the Plaintiff. Upon the plea of non est factum, the Defendant proved that he signed and sealed the bond in blank — that lie delivered it to a son of Campbell, who carried it to the Plaintiff, and after agreeing upon the amount of the loan, fill- d up the blank with that sum. — Campbell shortly afterwards died insolvent, and tiie Defendant went to the Plaintiff, and asked him to look at the bond — he took it in his hand and handed it back to the Plaintiff — -and on the same day, said…
1Opinion of the Court
Hall, Judge.
The opinion of the Judge of the. Superior Court, on the question raised in this case, is so full and so correct, that with all the deliberation with which it is our duty to examine it, nothing can be added. We therefore think the rule for a new trial should be discharged. Whatever injustice may be done to the Plaintiff in this rase, is attributable to his own oversight in taking a security for his debt, which the law cannot recognise as a legal one. If an instrument with a seal to it is not completely executed by signing, sealing and delivering, it cannot heroine more so by any…
2Cited by10 opinions
- Butler v. ButlerSupreme Court of North Carolina · 1915
- Butler v. . ButlerSupreme Court of North Carolina · 1915
- Rollins v. Ebbs.Supreme Court of North Carolina · 1905
- Krechel v. MercerSupreme Court of North Carolina · 1964
- Martin v. . BuffaloeSupreme Court of North Carolina · 1897
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