Baird v. . Reynolds
Supreme Court of North Carolina
Questions of fact for the Court and for the Jury — Evidence—■ Statute of Limitations — Presumptions—Seal. Civil actioN, tried before MacRae, J., at March Term, 1888, of Buncombe Superior Court. The plaintiff sought to recover the balance alleged to be due upon a note, under seal, made by the defendant’s intestate to J. S. T. Baird in 1863, for $1,500, which was assigned to plaintiff’s intestate.
Read the full summary
Questions of fact for the Court and for the Jury — Evidence—■ Statute of Limitations — Presumptions—Seal. Civil actioN, tried before MacRae, J., at March Term, 1888, of Buncombe Superior Court. The plaintiff sought to recover the balance alleged to be due upon a note, under seal, made by the defendant’s intestate to J. S. T. Baird in 1863, for $1,500, which was assigned to plaintiff’s intestate. Defendant denied all the allegations of the complaint, pleaded counter-claims, scale of Confederate currency, “that more than ten years have elapsed since the plaintiff’s alleged cause of action…
1Opinion of the Court
Davis, J.,
(after stating the case). 1. The first question presented is: Wasdhere error in leaving it to the jury to say whether there was a seal or not?
In Yarborough v. Monday, 3 Dev., 420, there were two signatures to a contract and one seal, and the question was, whether both parties adopted one and the same seal.
It was said: “ Whether the scroll affixed was in this State a seal, certainly was a question of law, to be determined by the Court, but whether the defendant placed it there, or adopted it as his seal, if placed there by the plaintiff or any other person, were questions for the…
2Cases cited4 opinions
- Pickens v. . RymerSupreme Court of North Carolina · 1884
- Long v. . CleggSupreme Court of North Carolina · 1886
- Hall v. . GibbsSupreme Court of North Carolina · 1882
- Tucker v. . BakerSupreme Court of North Carolina · 1886
3Cited by9 opinions
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Allsbrook v. . WalstonSupreme Court of North Carolina · 1937
- Coppersmith v. WilsonSupreme Court of North Carolina · 1890
- Williams v. . TurnerSupreme Court of North Carolina · 1935
- Bell v. . ChadwickSupreme Court of North Carolina · 1946
4 more not listed; retrieve them via the Exa API.