Sullivan v. . Mitchell

The note was made by John Mitchell, payable and negotiable at the Bank of Cape Fear. When it became due, the holder was at Wilmington, where the maker had usually resided, but had not at that time any house or store there. The defendant then informed the plaintiff that the maker of the note was at sea, and that it would be hard if he (94) himself should be obliged to pay the money, as he had already paid large sums for him.

No other demand was made on the defendant, nor was any other notice given to him; no demand was made at the Bank of Cape Fear, and the single question for the opinion of…