Bushrod Washington

“ The general rule of law applicable to the subject has long been settled; that, to enable the holder of a bill of exchange, or promissory note to charge the indorser, it is incumbent on him to prove that timely notice of the dishonour of the bill, or of the non-payment of the note was given to the indorser, or if this could not be done, he must excuse the omission by showing that due diligence had been used to give such notice. ”

“ If a party to a contract who is entitled to the benefit of a condition, upon the performance of which his responsibility is to arise, dispense with, or by any act of his own prevent the performance, the opposite party is excused from proving a strict compliance with the condition. ”

“ We are not prepared to say, that in such a case, the parties entitled to notice were bound to be at their dwelling houses, or to have any person there at the time the notary called to receive notice, and consequently that their absence, and the closing of their houses ought to have excused the holder from taking other steps to communicate notice to them. ”