Smith v. . the City of Newbern

Upon the hearing below the following facts were found:

Smith Dey were partners in trade at Newbern, N.C. In June, 1866, Dey removed to Newark, N. J., where he has ever since resided. The last work performed by them as partners was the building of a market-house in Newbern, finished in the early part of the year 1866, for which service the voucher for $930.38 was issued, and upon which the plaintiff, as administratrix of her husband, obtained a judgment against the city.

Smith Dey were in business a little over a year, and since his departure, Dey has never returned to the State. Before leaving,…