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 of the Court
(90) FROM WARREN. "Six months after date I promise to pay G. D. and G. W. G., or order, $78.25 in North Carolina money, for value received, as witness my hand and seal, this 3 June, 1826. ROBERT R. JOHNSON, By Gordon Cawthorn."
The bond was entirely in the handwriting of the defendant, who had no written authority, under seal or otherwise, from Johnson to execute it; neither did he at the time say or pretend he had such authority. The goods purchased by the defendant, and for which the above bond was given, came to the possession of Johnson.
The jury, under the directions of his Honor, returned…
2Cases cited5 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
- White v. SkinnerNew York Supreme Court · 1816
- Shamburger v. . KennedySupreme Court of North Carolina · 1826
3Cited by5 opinions
- Pike v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1968
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Forrest v. HawkinsSupreme Court of Virginia · 1938
- Potts v. . LazarusSupreme Court of North Carolina · 1815
- Whether the President May Sign a Bill by Directing That His Signature Be Affixed to It, Department of Justice Office of Legal Counsel2005