
    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 over 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
   M’Coy J.

refused to admit the testimony ; and he was non-suited.

*** Egan was actually dead at the time.  