Isenhour v. . Isenhour
Supreme Court of North Carolina
Civil action upon a bond payable to the intestate, tried before Logan, J., at Spring Term 1870, of Cabaeeus Court. The defendant Henry having answered that the instrument sued upon was not his act and deed, offered upon the trial his co-defendant Daniel as a witness, to prove that when he, Henry, executed it, it was in blank as to the amount payable, and that it was filled up afterwards, in bis absence, and without authority under seal.
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Civil action upon a bond payable to the intestate, tried before Logan, J., at Spring Term 1870, of Cabaeeus Court. The defendant Henry having answered that the instrument sued upon was not his act and deed, offered upon the trial his co-defendant Daniel as a witness, to prove that when he, Henry, executed it, it was in blank as to the amount payable, and that it was filled up afterwards, in bis absence, and without authority under seal. His Honor excluded the testimony, and the defendant excepted. Yerdict for the plaintiff. Judgment accordingly. Appeal fry the defendants.
1Opinion of the CourtBodman, J.
The only question in the case is, was the defendant Daniel Isenhour, a competent witness on behalf of himself and his co-defendant, to prove that the bond declared on was blank in respect to the amount payable, when it was signed and sealed by the defendants, and that the words and figures showing the amount were inserted by the witness after the signature and sealing by his co-defendant, and without authority from him. We think the evidence was competent. Section 342, C. C. P., removes the disqualification of interest; and section 343 allows a party4 to be examined in his own behalf. The…
2Cited by8 opinions
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Hancock v. SniderWest Virginia Supreme Court · 1926
- Redman v. . RedmanSupreme Court of North Carolina · 1874
- Wester v. . BaileySupreme Court of North Carolina · 1896
- Tharpe Ex Rel. Tharpe v. NewmanSupreme Court of North Carolina · 1962
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