Newspapers / The Chowan Herald (Edenton, … / Nov. 6, 1958, edition 1 / Page 17
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This is r the Law mMMBM——L/ By ROBERT E. LEE (For tha N. C. Bar Association) ' Altered Contracts Is a contract void if there are obvious alterations or changes appearing on its face? No, not necessarily. The altera tions or changes may have been done by one of the parties prior to its signing and delivery. If so, the contract is valid and enforce able in its altered or changed ap pearance. If a written document contains alterations or interlineations, the presumption in North Carolina is that they were made before its execution and delivery. The bur den of proof is on the party as sailing the document to prove that the interlineations or erasures were made after its execution. Many states, contrary to North Carolina, hold that when a writ ing offered in evidence shows on its face an alteration, there is a presumption that the alteration was improperly made after the execution of the instrument, and that, therefore, a burden is cast upon the party offering the writ ing to explain the alteration be fore the writing can be received in evidence. Jones and Smith enter into a written contract for the sale and purchase of an automobile. Smith subsequently makes a fraudulent and material alteration in the writing containing the contract. What is the legal effect of the un authorized alteration of the con tract? Smith does not have any en forceable rights. The law impos es this severe penalty as a safe guard against tampering with written instruments. Jones, the innocent party, has a choice of remedies. He can elect to be discharged from the contract or he can enforce it ac cording to its original form. But if he elects to go through with the contract under its original • terms, he must perform the du ties that would have been incum bent on him if there had been no alteration. One party cannot by alteration , destroy the rights of another with out "his consent. An ordinary contract is not af fected by an alteration that is not material by one made by a strang er to the instrument, or by one that is accidental or is made in nocently without a fraudulent purpose. > A more rigorous rule has been made applicable to negotiable in struments. These are instruments such as checks and promissory notes, which contain uncondition al promises or orders to pay a specified sum of money to the or der of a specified person or bear er. Any material alteration of a negotiable instrument discharges any party whose obligation is af fected by it, except as against an innocent subsequent holder in due course who can recover on the instrument according to its original tenor, without regard to who made the alteration or the notive for making it. Good Reading for the _ Whole Family •Mews ( > •Fads' •Family Features lb* Christian Scisnc* Monitor titijignif ta Bnrfnn Ift - iTn** v H 212** t* a |i •/' .rsA&gjk | 1 H ! I ( IS JBk lH| •fk Of F BERTHA - c-rfov M." A «-:<• * "-i 11, i ,r - •<» "" York Zoological Society, pours a refreshing shower of water over Bertha 11, a 400-pound Beluga whale from Los Angeles. Destined for the New York Aquarium, Bertha made the 13-hour flight to Idlewood Airport on foam rubber mats and wrapped in damp cloth. The serious crime of forgery is ; > committed if a person materially < i alters any kind of writing with ! a fraudulent intent. ’: ♦ (SUNDAY SCHOOL LESSON ! which-was free from hate, greed 1 selfishness and bitterness. When he referred to the “poor in spirit” 1 he was referring to those who 1 saw the poverty of their souls. 1 The man who sees the poverty of ; his soul will be shamed by it, and * will do something about it. The *• man who never knows of his spir itual poverty is, indeed, a poor man. When Jesus said: “Blessed are those-who mourn ...” he was ( referring to those whose souls j were troubled by the misery sur x rounding them . . . troubled t enough to do something to right ; the wrongs that bothered their consciences as Christians. Jesus, in referring to “meekness” meant a man who had good will toward | his fellow men, and a ready obed ience toward God. All these are truly the marks of a Christian. Here, in the beautiful words of i the Beatitudes, is the essence of a Christian life. All of us have 3 at some time or another in our i lives harbored resentment against ; our fellow men, refused forgive-) - ness for a thoughtless act that has | t wounded us, or dealt ungenerous- J i ly with those who have offended! 1 us. We have given little thought . to the fact that when we do these . things they war against the kind i of person Christ wants us to be when he commands: “Be recon -1 ciled to your brother, and then . come and offer your gift.” (Mat thew 5:24), and: “If any one, strikes you on the right cheek,! |. turn to him tjie other.also.” (Mat- ] thew-5:39). If you want to be; , Christlike, we must cultivate i ! Christ’s way of life, as laid down! t so plainly in the lesson we have, studied today. If we really want health and peace of mind, and! 1 spiritual development, then Jesus' ! in his Sermon on the Mount, has ! clearly shown us how it is to be NOTICE! To Chowan County | TAXPAYERS '' The Books for the year 1958 are | I now in my hands for the collection of k *. . * % taxes. We urge you to pay your taxes { ’’ now and avoid the penalty which will | begin on February !.’ 5 j, A PENALTY OF 1% WILL BE ADDED ON 1958 4 f TAXES NOT PAID BEFORE FEBRUARY 2. AN OTHER 1% WILL BE ADDED MARCH 2 AND AN l i > ADDITIONAL % OF 1% WILL BE ADDED FOR ? EACH ADDITIONAL MONTH TAXES ARE UNPAID. M. EARL GOODWIN 1 W I SHERIFF OF CHOWAN COUNTY f & I •T-f'-t-iA'in yftii- * V 'Til- ■> ' * < ' • THE CHOWAN HERALD, EDENTON. NORTH CAROLINA, THURSDAY, NOVEMBER 8, 1958. achieved. The task is not an easy one, but its rewards are great. Let us dedicate ourselves, then, to what lies before us to accom plish our goal. (These comments are based on outlines of the Internation al Sunday School Lessons, copyrighted by the Interna tional Council. of Religious Education, and used by per mission). ALAN ERYANT ROBERTSON Funeral services were held in Kempsville, Va., Monday after noon for Alan Bryant Robertson, who died Friday. Mr. Robertson is the husband of the daughter of ■ Mr. and Mrs .George T. White, former Edentonians. The services were neld at the Emmanuel Episcopal Church with the Rev. Taylor Willis and Chap lain J. C. Rittenhouse officiating. ON N.C HIGHWAYS « Raleigh The Motor Vehicles Department’s summary of traffic deaths through 10 A. M., Novem ber 3, 1958 is as follows: | Killed This Year 850 j Killed To Date Last Year 876 j _ Scared I Police Sergeant Have you caught that burglar? Patrolman—No, but we’ve got him so scared that he doesn’t dare show himself while we’re around. ! * LISTEN EACH SUNDAY AT 8:45 A. M. to The Melody Five Edenton’s Own Spiritual Group OVER RADIO STATION WCDJ t' \ No Comment By JAMES W. DOUTHAT Assistant Vice President, Government Relations Division of the National Association of Manufacturers "NO COMMENT" is a report of incidents on the national scene. I and does not necessarily reflect NAM policy or position. Washington The 86th Con gress, which convenes January 7, 1959, may get off to the slowest start in years. Some feel that the cherry blossoms will be in bloom in Washington before the new ’ Congress comes to grips with any [ consequential legislative prob lems. 1 The reason lies in an apparent determination on the part of the liberal blocs in both houses of 1 Congress to revise the proced ural rules for handling legisla tion. It seems that the subject, of unlimited debate in the Sen ate must again be the subject of unlimited debate. Under present Senate rules de bate may be concluded and a vote reached when agreed to by two thirds of the entire Senate —64 ; affirmative votes. Liberal Sena ; tors have let it be known that . when the new Congress meets they will push for a weakening J of this rule, which was designed . W^OOD to great thorough and complete debate of controversial issues. One proposal of the liberals is that debate be cut off when two thirds of those Senators present and voting request it (conceiv ably this could be two Senators); another is that a simple majority of the entire Senate (49) be em powered to curtail debate and force a vote. This subject of limiting sena torial debate has been before the Senate many times before—the last time was 1957 when an at tempt to revise the rule was de feated 55 to 38. Proponents of changing the present rule say that the effect would be to make the Senate more responsive to the will of the majority, and to discourage obstructionist tactics. Opponents contend that the Senate would immediately lose its character as a deliberative body —a body whose function it is to scrutinize the actions of the more numberous House of Rep resentatives and to act as a check upon pressure groups organized to force radical and ill-considered legislation upon the country. In any event, it is understood that Senate liberals are planning to reopen this question upon the convening of the new Congress. They say they have a good chance of winning, particularly if they are reinforced by the November j election results. And they also ] say that they are prepared to fight unremittingly for this change in the Senate rules. Opponents of the change are FOR RENT r l hree bedroom house, No. 7 Dar ker Street in Westover Heights. Stove and Refrigerator. $60.00 per month. . Two bedroom house on Highway 32, near Iloskin Harrell's Service Station. $50.00 per mouth. R. R. HALL 29 Westover Heights Phone 3583 ifj ■ jmhh Y Mmmg v ot cot led the“Fuiy" in any Plymouth you pick! Swing into the year's brightest idea car.. .'59 Plymouth! Swing in and swing out at a finger’s touch. Who else but Plymouth in the low-price field would think of seats that . swivel? (It’s one new reason the Sport Fury’s the most talked-about Car in the low-price class.) Swivel front seats I IF IT’S NEW, PLYMOUTH’S GOT IT! SEE THESE FEATURES TODAY! 1. MIRROR-MATIC rear-view mirror* to dim headlight dazzle. 2. AUTOMATIC BEAM CHANGER* to dim your headlights. - 3. NEW FURY HARDTOPS, convertibles at*new low prices. 4. NEW REAR SPORT DECK * to add big-car distinction. 5. NEW V-S PERFORMANCE from New Golden Commando 395*. Q. PUSHBUTTONS for driving, heating and ventilating. jt Optional, low extra cost. Sport Deck standard on Sport Fury models. CHOWAN MOTOR COMPANY, Inc. Water and Commerce Sts. V C. STATE LICENSE NO. 829 ' EDENTON ' •» ' "* • . - r ' Bilk " 4 .Jm YIPPEE Freckled Judy La zinka, of Prineville, Ore., can spot any contender for the “Miss Rodeo America crown” at Las Vegas, N.M., this fall a freckle or two with no trouble at all. She’s been named Ore gon’s rodeo queen for 1958. said to be equally determined. i Thus the Senate may spend many, many weeks on this ques j tion ... . , starting January 7. 1 An effort to loosen rules to aid pressure groups is also expect ed on the other side of the Capi tol when Congress convenes, al i though the situation in the House is considerably different. 1 Under House procedure, legis lation of importance generally ; must clear through the House j'Rules Committee. This commit-j tee has been generally regarded | in recent years as “pressure j group proof”—and it has been re-1 J fused many times to grant rules! ! for House consideration of bills j whose chief virtue was dema-l gogic appeal. The present chair-1 | man of this committee is Repre-I sentative Howard Smith of Vir ginia. i The liberal group in the 'proposes to alter House proced ure so that chairmen of commit-j tees can bring legislation directly' ; to the House floor, by-passing the j | Rules Committee. This effort will' ; be fought by conservative House members and the controversy will unquestionably delay considera tion measures. Naturally, it’s impossible to predict the result of these efforts Samovar 100 PROOF :1 VODKA d -1 H G 111 \ ■ ri • j.. i.f I Samovar i VODKA ; I ’ vutrriuwn'i' j > J v T^'. A . • j fgSii I tipi j 2 rf.fi I aaa Tf — y —•'O 30 ™ I f j |) O*/SOI. Ol STIU ED FROM GRAIN. SCHENLEY DIST. CO.. N.Y. C. are standard on Sport Fury models, optional on many other models. And for ’59 the entire Plymouth line sparkles with exclusive new ideas in convenience, comfort, economy and get-up-and-go! See your Plymouth dealer today! 1 's9'7ty»dsrZ ] Today’s best buy...tomorrow’s best trade, r^|j PAGE THREE I—SECTION THRXS -j to change procedural rules in the [! House and Senate, but they do I seem to signal a longer-than-usual j “warm-up” period before Con i gress gets down to business in ’j 1959. Good Business *k A farmer, paying his first visit to the seashore, asked a boatman jif he could buy some of the water to take home to show his wife. i ( The boatman assented and charged the farmer a quarter. A few hours later the visitor returned to the shore. By now the tide had gone out, and the , man gazed open-mouthed at the j spectacle. “By gosh, mister,” he said, “you’ve done a good busifless today.”
The Chowan Herald (Edenton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 6, 1958, edition 1
17
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