John McLean

“ And it was a question for the jury to determine, whether the advances, acceptances and endorsements, as alleged by the plaintiffs, were made under the guaranty.
If the insolvency of Haring was a material fact in the case, how was it to be proved? Could it be proved only by record evidence, or by the admissions of the defendants, as decided by the district court? No reason is perceived for this rule, and there is no principle of law that sustains it. The insolvency of Haring should be proved in the same manner as any other fact in the cause. ”

“ Wilkins, 1 Barn. & Cressw. 10, the court say, if a guarantor of a bill be informed, before it is due, of the insolvency of the acceptors, and that the plaintiff looked to him for payment; it is not necessary to prove presentment and notice of non-payment. ”

“ N. P. 276. In the case of Thornton v. Wynn, 1 Wheat. 183, this Court say: an acknowledgment of his liability, by the endorser of a bill or note, and knowledge of his discharge by the laches of the holder, will amount to a waiver of notice. ”