Hatcher v. . McMorine
Supreme Court of North Carolina
Assumpsit upon the endorsement of a single bill, or promissory note under seal, made by Jlsa and Isaiah Eogerson in Virginia, payable at a bank in that State, to the defendant, and by him in this State, eutlorsed to the plaintiff. At the trial at Gates, on the last Circuit, the only question was, whether the defendant was entitled to notice of non-payment by the obligors.
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Assumpsit upon the endorsement of a single bill, or promissory note under seal, made by Jlsa and Isaiah Eogerson in Virginia, payable at a bank in that State, to the defendant, and by him in this State, eutlorsed to the plaintiff. At the trial at Gates, on the last Circuit, the only question was, whether the defendant was entitled to notice of non-payment by the obligors. His Honor Judge Seaweei held, that as the endorsement was made in North-Carolina, it was to be governed by the laws of this State; and as by the act of 1827, c. 2 the endorser was made a surety and liable as a co-obligor,…
1Opinion of the CourtGastoN, Judge
After stating the ease as above, proceeded:
The counsel for the appellant contends that the note having been executed in Yirginia, for the payment of money there, the law of Yirginia, and not that of North-Carolina furnishes the rule for .ascertaining the liability of the makers ; that the engagement of the endorser being subsidiary to, and dependant on that of the makers, the endorsement, although made in this State, must be interpreted also by the same law; and from these propositions, he infers as a .necessary consequence, that the judge erred in applying to this case, the enactments of our…
2Cited by3 opinions
- Guernsey v. Imperial Bank of CanadaCourt of Appeals for the Eighth Circuit · 1911
- Musarra v. BockCourt of Appeals of North Carolina · 2009
- Smith v. MorganCourt of Appeals of North Carolina · 1980