Wilson’s Red Book, 275
Court of Common Pleas of Delaware, Sussex County.
April, 1800.
Evidence. Witness signed the bill and saw defendant sign it. It was not delivered, nor anything done by Warren but sign it and leave it on the table, except it was written by defendant; and Davis took it up and said it was no matter about acknowledging, it was only an old woman’s saying.
Wilson. If it should be admitted that here was sealing, as defendant drew the bill, yet there was not an actual delivery. Co. Litt. 35b, 1 Esp.N.P. 257, 1 Morg.Ess. 143.
Horsey relied on Com.Dig. (Fait A), where it is said that laying the deed on the table was sufficient delivery.
PER CURIAM. BOOTH, C. J. (Charge.)
Gentlemen of the jury, the present action which you are to try is an action of debt brought upon a note, which has been read, and the defendant has pleaded non est factum, that is, that it is not his deed. It is acknowledged there must be a delivery or it is not his deed. But
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it was a sufficient delivery where the deed was thrown upon the table with the intent obligee might take it up. It has been held (4 Term 315) sufficient delivery if the party treats the deed as his own. A delivery may be presumed from circumstances.
Verdict for principal as debt, and damages to amount of interest.