Yarborough v. . Monday
Supreme Court of North Carolina
After the new trial granted in this cause, at December term 1830, (ante 2 vol. page 493,) it came on to be tried again at Person, on the last Spring Circuit, before Strange, Judge, when the action was in assumpsit, and upon the objection of the defendant, that the contract of apprenticeship was under seal, and that debt was the proper action, the testimony was, that the brother of the plaintiff wrote the contract, and at the bottom of it made a scrawl, and wrote the word…
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After the new trial granted in this cause, at December term 1830, (ante 2 vol. page 493,) it came on to be tried again at Person, on the last Spring Circuit, before Strange, Judge, when the action was in assumpsit, and upon the objection of the defendant, that the contract of apprenticeship was under seal, and that debt was the proper action, the testimony was, that the brother of the plaintiff wrote the contract, and at the bottom of it made a scrawl, and wrote the word seal within it; that immediately afterwards, by the directions of both the parties, he signed their names to the contract,…
1Opinion of the Court
Daniel, Judge.
The law permits two or more ob-ligors to adopt one seal, and it will be the deed of both of them. ( Ball v. Dunsterville, 4 Term 313. 1 Starkie 332. 2 Thomas’ Coke 234.) If the plaintiff sealed the instrument and delivered it, then it became his deed, but if the defendant signed the same instrument and did not seal it himself, nor adopt the seal of the plaintiff, then the instrument as to him, would not be a deed, but a simple contract in writing, and assumpsit would be the proper action to be brought on it. Evidence was introduced as to that point, and it was a proper question…
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