Moore v. . Coffield
Supreme Court of North Carolina
From Martin. Assumpsit against the Defendant, as indorser of a single bill or obligation* of which one Best was the maker, and the Defendant the payee.
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From Martin. Assumpsit against the Defendant, as indorser of a single bill or obligation* of which one Best was the maker, and the Defendant the payee. On the trial, before his honor Judge Mangum, at the Autumn term, 1326, of the Court below, the Plaintiff proved the execution of. the note and the indorsement, and further proved that Best was a seafaring man, and at or about the time the obligation fell due, sailed from Washington, in this State, as captain of a vessel trading between that place and New-York. One or two days before the maturity of the bond, one Hyman, as agent of the…
1Opinion of the Court
Ham, Judge.
The Judge was right in the three propositions laid down by him in his charge; but another point properly arose upon the facts ¿stated in the case. which was not duly noticed. It was proved that Best, the maker of the obligation, was a seafaring man, and at or about the time the obligation became payable, sailed from Washington, as master of a vessel bound to New-York ; and it did not appear that he had a domicil, or any establishment within the State, at which payment could be demanded. The maker being at sea, in his usual employment, and the indorsee not being bound to follow him…
2Cited by1 opinion
- Sullivan v. . MitchellSupreme Court of North Carolina · 1814