Humphreys v. . Finch
Supreme Court of North Carolina
This was a civil action, tried before Boykin, Judge, at. September Term, 1886, of DavidsoN Superior Court. This action, begun before a justice of the peace on'January 30,1886, and, after trial and judgment against the defendant,, carried by his appeal to the Superior Court, is to recover the-balance due, after certain endorsed payments, upon the-following written instrument; $300. November 22d, 1884. One day after date, we promise to pay to the order of R. H. Humphreys three…
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This was a civil action, tried before Boykin, Judge, at. September Term, 1886, of DavidsoN Superior Court. This action, begun before a justice of the peace on'January 30,1886, and, after trial and judgment against the defendant,, carried by his appeal to the Superior Court, is to recover the-balance due, after certain endorsed payments, upon the-following written instrument; $300. November 22d, 1884. One day after date, we promise to pay to the order of R. H. Humphreys three hundred dollars at 8 per cent, interest. Value received. CHAS. L. HEITMAN, (Seal. J. W. PINCH, (Seal.) The defendant…
1Opinion of the Court
Sjiith, C. J.,
(after stating the facts). While the only specific issue submitted to the jury was as to the presence of the seal opposite the name of the defendant when his signature was affixed, and this is found against him, he was not allowed to prove the insertion in the space left open for the purpose, of a sum double that agreed upon between them. This evidence was not pertinent to the inquiry drawn up, and could only be competent upon a general denial of the execution of the paper. Except for this latter purpose, it was properly excluded, and this may have been the ground of the ruling…
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