
    Wilmington,
    
      December Term, 1789.
    JOHN COLHARDI versus AUGUSTIN STANTON.
    THIS was the case of a promissory note, under seal of water and paper. The note was given to one Halfey, who endorsed it to some other person, &c. &c. to the plaintiff. As this was an action on the case, Williams for defendant, objected to the instrument being offered in evidence to the jury. It was permitted to go to the jury, and the question referred—and afterwards on argument (the note had not the expression “ witness my hand and seal") Williams said the instrument was before the court, &c. and relied on Wood 246. M‘Lain insisted delivery was necessary and not proved and cited Gilb. E. 101.
   Williams, J.

was clear it was proper evidence, because that seal is not mentioned in the writing “ as witness my seal."

Spencer, J. concurred.

Ashe, J.

differed; said it was a deed; it could not be given evidence.

Judgment for Plaintiff. 
      
       See Ingram versus Hall, ante, page 1.
     