Pate v. . Brown
Supreme Court of North Carolina
Civil ActiqN tried, on appeal from, a justice’s court, at Spring Term, 1881,. of Richmqmd Superior Court,, before' Gudger; J... The plaintiff, declared upon a bond executed by the dé-fendant on the first of Februar}^ 1-868, and made payable-to one Elijah Pate, for the. sum of one hundred and thirteen, dollars, and assigned by endorsement to the plaintiff ou3 November 8th, 1.87.6. The. facts relating to- the point decided are stated'ii-n the>opinion.
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Civil ActiqN tried, on appeal from, a justice’s court, at Spring Term, 1881,. of Richmqmd Superior Court,, before' Gudger; J... The plaintiff, declared upon a bond executed by the dé-fendant on the first of Februar}^ 1-868, and made payable-to one Elijah Pate, for the. sum of one hundred and thirteen, dollars, and assigned by endorsement to the plaintiff ou3 November 8th, 1.87.6. The. facts relating to- the point decided are stated'ii-n the>opinion. Judgment for plaintiff, appeal by defendant.
1Opinion of the Court
Smith, C. J_
The defendant denies that he executed the* bond in suit and the only exception presented is.to- the ruling of the. court as to the sufficiency of the-proof of the-delivery. The instrument wás-produced by the plaintiff on> the trial and" the subscribing witness testified that he saw/ the defendant sign it, and that the endorsed transfer to the-plaintiff was in the proper handwriting of the defendant, with which he was acquainted. The defendant offered no* testimony and his. counsel, asked.the. court to... instruct tha.- jury that it was incumbent on the plaintiff to prove the…
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- Causey v. Snow.Supreme Court of North Carolina · 1897
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