It should have'been averred that the endorsement was made before the bond was delivered, otherwise it cannot be taken to be a part of the bond.
Bryant v. Stewart, 3 N.C. 99, 2 Hayw. 99 (1799)
April 1799
·
North Carolina Superior Court
3 N.C. 99, 2 Hayw. 99
Bryant vs. Stewart.
T\ERT upon a bond, to comply with an award to be made by certain arbitrators — plea no award. — Replication stating an award and breach- — demurrer thereupon. The award by the condition of the bond, was to be delivered before the 29th of April t but there was a further writing indorsed, purporting that the award should be binding if made before the 7th of May.