Legal Opinion

Pate v. . Brown

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 7 opinions

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…

2Cases cited2 opinions

  1. Jackson v. . LoveSupreme Court of North Carolina · 1880
  2. Whitsell v. . MebaneSupreme Court of North Carolina · 1870

3Cited by7 opinions

  1. McGowan v. BeachSupreme Court of North Carolina · 1955
  2. Kiff v. . WeaverSupreme Court of North Carolina · 1886
  3. Weirton Savings & Loan Company v. CortezWest Virginia Supreme Court · 1974
  4. Lister v. . ListerSupreme Court of North Carolina · 1943
  5. Causey v. Snow.Supreme Court of North Carolina · 1897

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