Dunlap v. . Willett
Supreme Court of North Carolina
Appeal from Peebles, J., at tbe May Term, 1910, of Chat-ham:. Tbe plaintiff, as receiver of tbe Farmers’ Alliance Exchange, sued tbe defendant upon tbe following obligation: State of North Carolina — Chatham County. Know all men by these presents, that we, Stephen W. Wil-lett, as principal, and_, as sureties, are held and firmly bound unto Wm.
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Appeal from Peebles, J., at tbe May Term, 1910, of Chat-ham:. Tbe plaintiff, as receiver of tbe Farmers’ Alliance Exchange, sued tbe defendant upon tbe following obligation: State of North Carolina — Chatham County. Know all men by these presents, that we, Stephen W. Wil-lett, as principal, and_, as sureties, are held and firmly bound unto Wm. P. Dark, president of board of directors of the Farmers’ Alliance Exchange Company store, located at Bear Creek, in the county of Chatham, State of North Carolina, in the sum of five thousand ($5,000) dollars, to the payment of which well and truly be…
1Opinion of the CourtManning, J.
The obligation sued upon in this action is not technically a bond, because it is not under seal. Although there appears in it the words, “Signed and sealed, this 25th day of August, 1907,” the original was offered in evidence which distinctly shows that no seal or device representing a seal appears to it, and no presumption of seal can be raised in face of the fact that the original, produced and exhibited in evidence, discloses an entire absence of seal. No statute required the execution of the obligation of defendants under seal, as in case of grants from the State (Aycock v. R. R., 89 N.…
2Cases cited4 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Waters v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
- Tarlton v. Griggs.Supreme Court of North Carolina · 1902
3Cited by6 opinions
- Colonial Trust Co. v. Sterchie Bros.Supreme Court of North Carolina · 1915
- Barnes v. . AycockSupreme Court of North Carolina · 1941
- State v. First Resort PropertiesCourt of Appeals of North Carolina · 1986
- Tanco, Inc. v. Houston General Insurance CompanyColorado Court of Appeals · 1976
- In Re D'AnnaSupreme Court of North Carolina · 1895
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