Joseph Story

“ If notice left with an agent would be sufficient, this was not done in the case before the court. The keeper of the boarding house might have been a proper person to receive the notice.
The agreement between the plaintiffs in error and the drawer of the bill, discharged the indorser. By the agreement the plaintiffs received a benefit; there was a consideration for it. They obtained the testimony of Yeatman, who was a material witness for them. It prejudiced the drawee of the bill, because it took from him his remedy against Pearson. ”

“ The indorser could not have come into court, and having paid the holder of the bill, have prosecuted this suit against the drawer in the name of the holder. He could not, therefore, have been prejudiced by the agreement, as it did not suspend or impair his right of action.
Mr Ewing, for the defendant in error, contended, that the notice was not sufficient to charge the indorser of the bill. Where parties to a note or bill reside in the same town, personal notice is required. ”

“ In our large cities, many persons engaged in business live at boarding houses in this manner. It is not always easy to obtain access to the master of the house, or to servants, who may be safely entrusted with the delivery of notices of this sort. ”

“ William B. Van Hook, David Todd, John Larwell, Randall Stiver, Isaac N. Norton, A. R. Chase, Truman Beecher, J. R. Geddings, William Rayne, William A. Needham, Ira Paige, and William A. Johnson, who, being empannelled, elected, tried, sworn and affirmed to try the issue between the parties, upon their oath do say, that E. Pearson made the bill of exchange, a copy of which is attached to the declaration of the said plaintiffs in the original suit against said Pearson, the drawer of said bill, and that the said bill was regularly indorsed by the present defendant Hatch. ”