Ballard v. . Ballard
Supreme Court of North Carolina
This was a Special Proceeding originally commenced in the Probate Court and transferred to the Superior Court of Jones County, where it was tried before Seymour, J., at Spring Term, 1876. The following issue was submitted to the jury : “ Did Council Gooding endorse the note mentioned in the proceedings ?” All other facts necessary to an understanding of the case are stated in the opinion of the Court.
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This was a Special Proceeding originally commenced in the Probate Court and transferred to the Superior Court of Jones County, where it was tried before Seymour, J., at Spring Term, 1876. The following issue was submitted to the jury : “ Did Council Gooding endorse the note mentioned in the proceedings ?” All other facts necessary to an understanding of the case are stated in the opinion of the Court. There was a verdict and judgment for the plaintiff, and the defendant appealed.
1Opinion of the CourtBynum, J.
One Kilpatrick executed the bond sued on to ‘Council Gooding, who, it is alleged, assigned it to to J. F. Wooten, who endorsed it to the plaintiff. Council Gooding .assigned the bond to Wooten by making his mark, (X) which was attested by J. Gooding. Upon the death of Council Gooding, the attesting witness, J. Gooding, became his administrator and is the defendant in this action.
J. Gooding was called by the plaintiff to prove the endorsement of the intestate to Wooten, and under objection, •did testify in substance, that he did not wdtness the endorsement and that it was not his signature as…
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