Henry Baldwin

“ If an indorsee lives within a reasonable distance of a postoffice, notice to him, directed to him, at his residence, is good: as where a note was protested at Cincinnati, the notice was directed to T. D. C., Campbell county, Kentucky, though defendant lived on the south side of the Ohio, two miles from Cincinnati, and Covington, and three miles from Newport, the county town; in all of which there were postoffices, and his residence was well known to the holder and postmaster. The putting the notice into the postoffice, at Cincinnati, was held sufficient. ”

“ Notice directed to the residence or house of business of the party, is sufficient; the holder is not bound to show that notice is brought home, but only to employ the usual mode of conveyance; and the rules of diligence to which he is held, ought not to be such as will tend to clog the circulation of commercial or negotiable paper, by impairing the liability of those who have put it into circulation. ”

“ An established exception to the general rule that notice of the dishonour of a bill must be given to the drawer is, where he has no funds in the hands of the drawee; but of this exception there are some modifications. ”

“ The case of the defendant falls clearly within the rule applicable to bills drawn without funds, or any bona fide, reasonable or just expectation of their being honoured; and notice of their dishonour was not necessary. The case requires no opinion whether notice of the dishonour of Taylor's bill in favour of Dickins was necessary, and we forbear to express any. ”

“ Findley and Van Leer, 2 Peters 589, 591; decided on great consideration; it has been the established doctrine of this court, that a bill of exchange drawn in one of the states of this union, on a person in another, is aforeign bill, and to be treated as such; and that in this respect they are to be considered as states foreign to each other, though they are otherwise as to all the purposes of their federal constitution. ”

“ As these were foreign bills, the protests produced at the trial were in themselves evidence of the demand and protest. 8 Wheat. 330. The oath of the notary, that he put the notice into the postoffice, on the day of protest, is competent and sufficient in law to prove the fact: the only question for the jury was his credibility. The notices were properly directed: 1. Because Hazelwood was the residence of the defendant, within a short distance of a postoffice; 2. The bills were dated at that place, and the direction of the notices was to the same place. ”

“ Samuel Dickins, the defendant, and Jesse Taylor, were partners, transacting business at Hazelwood, Madison county, Tennessee, which was the residence of Dickins. On the 6th of December 1832, Taylor drew a bill of exchange for 1448 dollars, on Wilcox and Feron, New Orleans, in favour of Dickins, payable on the 1st of May 1834, which Dickins indorsed to the plaintiff. On the same day Dickins and Taylor drew two other bills, on the former house, in favour of the plaintiff: one for 2802 dollars, payable the 1st of May ”