Delius v. . Cawthorn
Supreme Court of North Carolina
From Warren. Debt upon bond, and on the trial, before his honor Judge Strange, on the last circuit, on the plea of non est factum, the case was, that the Defendant being' the Clerk of one Robert R. Johnson, in the town of Warren-ton, was sent by him to Petersburg, in Virginia, to purchase goods.
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From Warren. Debt upon bond, and on the trial, before his honor Judge Strange, on the last circuit, on the plea of non est factum, the case was, that the Defendant being' the Clerk of one Robert R. Johnson, in the town of Warren-ton, was sent by him to Petersburg, in Virginia, to purchase goods. The Defendant, as agent of Johnson, purchased goods from the Plaintiffs upon the credit of Johnson, and executed to them a bond, of which the following is a copy, and on which this action is brought: “ Six months after date I promise to pay G. D. and G. W. G. or “ order, $78 25 in North-Carolina…
1Opinion
J. The question whether an instrument, allowing it to be genuine, be a deed must be determined from its face by an inspection of what it imports to be, not from evidence dehors the instrument. So whether it be the bond of A or the bond of B must be decided in like manner. No change of character can be given to it by extrinsic evidence. If this instrument be genuine it is the deed of him whose seal it bears, and as seals at present bear no distinguishing mark it is the seal of him whose it purports to be. If it is not his it is not the seal of another, for that would be to change its character…
2Cases cited5 opinions
- Fisher v. . PenderSupreme Court of North Carolina · 1860
- Russell v. . KoonceSupreme Court of North Carolina · 1889
- Hite v. . GoodmanSupreme Court of North Carolina · 1836
- Burwell v. . LinthicumSupreme Court of North Carolina · 1888
- Brown, Brawley & Co. v. BostianSupreme Court of North Carolina · 1858