Robert Cooper Grier

“ The last indorsee or owner transmits it to that bank for collection; if funds are not deposited there to meet it when due, it is handed to a notary or agent of the bank, who makes demand and protest, and gives notice of its dishonor to the indorsers; if they live in the same town or city where the bank is situated and the demand made, and 'where the note was payable,' he serves it personally, or at their residence or place of business ”

“ It was as easy to have written the memorandum on this note, 'The indorser, J. P. Harrison, agrees to receive notice at the Vicksburg post-office,' as to write it in its present form; and one can hardly conceive of the possibility of a well-known and established usage, that a written memorandum should be construed without any regard to its terms or plain meaning. Those who affirm the existence of such a strange usage should be held to strict proof of it ”

“ As he is presumed to be habitually at his dwelling and place of business, and may not go or send regularly to the post-office, a notice left at one or the other of the former places is more likely to reach him, and to reach him promptly, than when left at the post-office. Hence the general rule, that the notice must either be personal, or be left at the dwelling or place of business of the party noticed. ”

“ This practical application of the rule is correctly stated by the court in their instruction to the jury as connected with the circumstances of the case before them, and also within its terms as it is usually stated in the books. The term 'holder' is properly applied to the person having possession of the paper and making the demand, whether in his own right or as agent for another. The Planters' Bank of Vicksburg were the 'holders' of this note for collection, and were bound to give notice to all the indorsers. ”

“ The holder is not required to give personal notice or to leave it at the dwelling, &c., where the party to be charged lives at a distance;-but if he lives in the place where the demand is made, it is as easy to take the notice to him personally, or to his dwelling, &c., as to take it to the post-office ”

“ The plaintiff then proved, by said Arthur, that said note was deposited in the office of the Planters' Bank at Vicksburg, Mississippi, on the 29th day of November, 1838, for collection, and that on that day, the 29th day of November, 1838, he demanded payment thereof of the teller of said bank, who refused to pay the same; that on the same day he deposited in the post-office at Vicksburg a written notice of the non-payment of said note, directed to said defendant, Jilson P. Harrison, informing him of the non-payment of said note. ”