Joseph Story

“ That if the jury believe, the defendant held the above conversation, at stated by the witnesses, such conversations amount to a waiver of the objection of the want of demand and notice; and the defendant is liable on the note, if the jury should believe, that the defendant made the acknowledgments and declarations stated in the conversations, in reference to the claim of the bank upon him as indorser of the note ”

“ The court have also been called upon to review their former decision in this case. (3 Pet. 87.) To this it might be a sufficient answer to say, that no case is made out upon the record, calling for such a review; and if it were, we are entirely satisfied with that decision. ”

“ Then follow the common money counts.
The bill of exceptions is in the following words: 'In the trial of this cause, the plaintiffs, to support the issues on their part, offered a competent witness, Alexander Ray, who proved, that two or three days after the note fell due, he had a conversation with defendant, asked him if he could arrange the note; that if he did not, probably the officers of the bank would be blamed, he said, no officer should lose anything by him, and that there was some property on Cherry street, which witness understood that George Magruder in his lifetime owned ”