refused to admit the testimony ; and he was non-suited.
*** Egan was actually dead at the time.
Gordon v. Payne, 1 N.C. 72, 1 Mart. 72 (1796)
Oct. 1796
·
North Carolina Superior Court
1 N.C. 72, 1 Mart. 72
Edenton,
October Term, 1796.
GORDON versus PAYNE & MARE.
DEBT on a bond. Non est factum pleaded. Robert Egan, the subscribing witness to the bond, having been summoned by the plaintiff, went off sometime before court to New-York on his private business. It was admitted that he was dangerously ill there, and that the last that was heard from him, was that he was given o*73ver by his physician. Upon this, the plaintiff's counsel offered to prove the hand- writing of the witness, as evidence of the execution of the bond; but