Williams v. Turner, 378.
Citation | 179 S.E. 806,208 N.C. 202 |
Decision Date | 01 May 1935 |
Docket Number | No. 378.,378. |
Court | North Carolina Supreme Court |
Parties | WILLIAMS. v. TURNER. |
Appeal from Superior Court, Duplin County; Barnhill, Judge.
Action by J. F. Williams, administrator, against O. B. Turner. Judgment for plaintiff, and defendant appeals.
Reversed.
Civil action to recover on $200 note, given by defendant to plaintiff's intestate, September 6, 1924. Defendant pleads (1) payment, and (2) the three-year statute of limitations. C. S. § 441.
A jury was waived, and the court found the following pertinent facts:
Judgment for plaintiff, from which defendant appeals, assigning error.
Oscar B. Turner, of Rose Hill, in pro per.
The finding that the defendant did not adopt as his seal the word "(Seal)" appearing at the end of the line, unless he did so by writing his name on said line, is a find-ing, as we understand it, that the maker had no intention at the time of executing a sealed instrument, which perforce renders it a simple contract. Yarborough v. Monday, 14 N. C. 420; Baird v. Reynolds, 99 N. C. 469, 6 S. E. 377; Pickens v. Rymer, 90 N. C. 282, 47 Am. Rep. 521; Caputo v. Di Loretto, 110 Conn. 413, 148 A. 367.
Whether a mark or character is to be regarded as a seal depends upon the intention of the executant. Jacksonville, etc., Railway v. Hooper, 160 U. S. 514, 16 S. Ct. 379, 40 L. Ed. 515; Lynam v. Califer, 64 N. C. 572; 3 R. C. L. 923; 24 R. C. L. 695; 1 Daniel on Negotiable Instruments, 31.
The note is one which could be, indifferently, a simple contract or a sealed instrument. Note, 19 Ann. Cas. 674. A different result might follow if it were required by law to be under seal. Devereux v. McMahon, 108 N. C. 134, 12 S. E. 902, 12 L. R. A....
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...of a seal in the instrument, such as "witness my hand and seal, " and it is not required by law to be under seal. Williams v. Turner, 208 N.C. 202, 179 S.E 806; Baird v. Reynolds, 99 N.C. 469, 6 S.E. 377; Yarborough v. Monday, 14 N.C. 420. Of course, in any event, the maker would have the b......
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