Angier v. Howard
Supreme Court of North Carolina
This was a civil action, tried before Gilmer, Judge, and a jury, at the January Special Term, 1886, of Durham Superior Court. The action was brought by the plaintiff to recover the amount alleged to be due upon the following sealed note : $150. Twelve months after date, we, or either of us, promise to pay James House, with interest from date, or order, the sum of one hundred and fifty dollars, for value received.
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This was a civil action, tried before Gilmer, Judge, and a jury, at the January Special Term, 1886, of Durham Superior Court. The action was brought by the plaintiff to recover the amount alleged to be due upon the following sealed note : $150. Twelve months after date, we, or either of us, promise to pay James House, with interest from date, or order, the sum of one hundred and fifty dollars, for value received. Witness our hands and seals, this 21st of September, 1860. (Signed) Asa Green, [Seal]. L. M. X Howard, [Seal]. Attest: M. II. Turner. The handw'riting of M. H. Turner, the…
1Opinion of the CourtAshe, J.
(after stating the facts). The first exception taken by the defendant, was to the charge of the Court, that, when the attesting witness to a bond was dead, its execution may be proved by proof of the handwriting of the subscribing witness, but that the jury must find from all the evidence whether the defendant in fact executed said bond. There was no error in this charge. It is well supported by authorities. Black v. Wright, 9 Ired., 447; Burnett v. Thompson, 13 Ired., 379; McKinder v. Littlejohn, 1 Ired., 66; United States v. Lyon, 15 Peters, 290.
The second exception was to the instruction…
2Cases cited1 opinion
- United States v. LinnSupreme Court of the United States · 1841
3Cited by6 opinions
- McGowan v. BeachSupreme Court of North Carolina · 1955
- Royster v. HancockSupreme Court of North Carolina · 1952
- Taft v. . CovingtonSupreme Court of North Carolina · 1930
- Bright v. . MarcomSupreme Court of North Carolina · 1897
- Wester v. . BaileySupreme Court of North Carolina · 1896
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