Wilmingiton & Weldon Railroad v. Kitchin
Supreme Court of North Carolina
Civil Action, tried at Fall Term, 1883, of Edgecombe Superior Court, before Shepherd, J. The action was brought to recover the balance due on a bond of twenty-five thousand dollars, which the defendants, forty-eight in number, had executed to one John Barry and assigned by him to the plaintiff.
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Civil Action, tried at Fall Term, 1883, of Edgecombe Superior Court, before Shepherd, J. The action was brought to recover the balance due on a bond of twenty-five thousand dollars, which the defendants, forty-eight in number, had executed to one John Barry and assigned by him to the plaintiff. In or about the month of July, 1881, the said Barry entered into a contract with Kitchin and others to construct the road-bed of a branch railroad from, the town of Scotland Neck, in Halifax county, to a point on the plaintiff’s road, about a mile and a half south of the town of Halifax. Among other…
1Opinion of the CourtAshe, J.
The only question presented for our consider- . ation by the record, is — Did the erasure of the name of Alfred White by Kitchin, before the bond was delivered, vitiate the bond ?
The instrument is upon its face the joint and several bond of all who signed it. After signing and sealing, it was put in the hands of W. H. Kitchin to be delivered to the obli-gee. While in the possession of Kitchin the name of Alfred White, one of the original signers, whose signature preceded those of the defendants who contest its execution, was erased by him and then delivered to the obligee without their…
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