Levi Woodbury

“ The note not being paid at maturity, Robinson, in September, 1839, brought his action against Harris, in the District Court of the United States for the Northern District of Alabama, which, after several interlocutory proceedings, came on for trial at May term, 1843.
The jury, under the instructions of the court, found a verdict for the plaintiff in the sum of two thousand and sixty-two dollars and sixty-six cents. It is impossible to give a clear idea of the instructions of the court without reciting all the circumstances of the case to which the instructions referred. ”

“ Where so many postoffices exist, the residences of parties change so often, and people live so remote from each other, as in this country, it would clog the circulation of negotiable paper if the holder or his agent was bound to know every alteration in the residence of indorsers. ”

“ But supposing Robinson to have been the holder, which is the only other probable presumption on the evidence, and which is contended for by the defendant, and then the cashier was doubtless his agent to collect the note, and received from Robinson all he knew as to the residences of the prior indorsers, and communicated it to the notary when applying to him on the subject. ”

“ The general law is, that the holder must give notice. The notary is a mere agent of his. The inquiry as to Harris's residence ought to have been made from Robinson, who lived in Nashvillc. Story on Bills, 334, § 309 ”

“ If there be no post-office in the town where the indorser resides, the notice may be sent through the post-office to the postoffice nearest to his residence. Freeman v. Boynton, 7 Mass. R. 483; Ireland v. Kip, 11 Johns. R. 231.
3d. The putting of notice into the post-office is sufficient, without proof of its having been actually received. Munn v. Baldwin, 6 Mass. R. 316; Miller v. Hackley, 5 Johns. R. 375; Dickins v. Beal, 10 Peters, 572; 1 Bell's Comm. (5th edit.) 418.
4th. If due diligence be used to give notice to the indorser, and he cannot be found, this is equivalent to due notice. ”

“ Burks, and Benjamin D. Harris, Madison county, Alabama, to each separately; a copy of the notice so sent to Benjamin D. Harris is herewith to be inclosed, marked B, and is made a part of this my deposition. I was not, when these notices were forwarded, acquainted with the residence of any of the parties thus protested, or their nearest post-office; and I made inquiry of those I thought were [not] unlikely to know, where would be the proper place to which to direct notices to them ”