Fasset v. Brown, 1 N.C. 17, 1 Mart. 17 (1795)

April 1795 · North Carolina Superior Court
1 N.C. 17, 1 Mart. 17

*FASSET and Another versus BROWN.

Peake, 23.

DEBT on a bond entered into by the defendant as security for George Russell clerk to the plaintiffs.

The defendant pleaded non en factum, and that Russel had duly accounted.

The plaintiffs proved that the defendant brought the bond to the plaintiff’s accounting house, subscribed with two names as witnesses to the execution of the bond by him: That on enquiry it appeared that no such persons, as these whose names were subscribed as witnesses, were in existence.

Lord Kenyon

then said, that the plaintiff was at liberty to give evidence of the defendant's hand-writing, and the bond was so proved.