Samuel Dickins, the defendant, and Jesse Taylor, were partners, transacting business at Hazelwood, Madison county, Tennessee, which was the residence of Dickins. On the 6th of December 1832, Taylor drew a bill of exchange for 1448 dollars, on Wilcox and Feron, New Orleans, in favour of Dickins, payable on the 1st of May 1834, which Dickins indorsed to the plaintiff. On the same day Dickins and Taylor drew two other bills, on the former house, in favour of the plaintiff: one for 2802 dollars, payable the 1st of May; the other for 1590 dollars, payable the 1st of April 1834. The three bills were dated at Hazelwood, Madison county, Tennessee; presented to the drawers on the 3d of June 1833, for acceptance; which being refused, they were protested, for non acceptance, by a notary public; who, on the same day, gave notice thereof to the drawer and indorser of the first, and the drawers of the other two, by letters put into the postoffice, addressed to them at Hazelwood, aforesaid. It was testified by the notary that, not knowing of any other residence of the parties, than that designated by the caption of the bill, he forwarded the notices accordingly, after inquiring of persons likely to know.
It appeared that all the bills were drawn without funds, or authority to draw; nor was any evidence offered to show that either Dickins or Taylor had any reason to think that their bills on Wilcox and Feron would be honoured, except two letters from Wilcox and Feron, dated the 1st of December 1831, addressed to the cashier of the branch Bank of the United States at Nashville. In one they say, 'Messrs Dickins and Taylor are authorized in making negotiations, to value on our house in New Orleans, for say 10,000 dollars; in such form and at such time as they may think proper, and same will be duly honoured.' In the other, 'our friend, colonel Samuel Dickins, is authorized in negotiating with your institution, to value on our house in New Orleans, at any time, for such sums as he may think proper; and same will be duly honoured by W. and F.' These letters were in the handwriting of Wilcox and Feron, and in the possession of Dickins: they were offered to show that he was entitled to regular notice of the protest of the bills drawn by Dickins and Taylor; but were rejected by the court as incompetent.
The plaintiff resided at New Orleans. Jackson is the county town of Madison county, Tennessee, about fourteen miles from Hazelwood, the defendant's residence, which is on Spring creek about half or three-fourths of a mile from a postoffice called Spring Creek Postoffice; of which the defendant was postmaster and did his business there in June 1833. This was known to plaintiff, who, about and before the 3d of June 1833, directed a letter to defendant at 'Hazelwood, Spring Creek, Madison county, Tennessee,' and one to 'Colonel Samuel Dickins, postmaster, Spring creek, Madison county, Tennessee.' At the trial, the plaintiff offered to prove, by the postmaster at Nashville, and his deputy, that that place was the distributing office for letters from New Orleans, intended for West Tennessee, including the county of Madison; that in June 1833 they knew defendant was postmaster at Spring creek; that if in distributing the mail they had seen a letter addressed to defendant at Hazelwood, they would have sent it to Spring Creek postoffice. Also to prove, by the postoffice books at Nashville, that on the 13th of June 1833, the New Orleans mail arrived at Nashville; and on the 14th, a package was sent to Spring Creek postoffice, which had come to Nashville for distribution, and was rated at fifty cents postage.
To this evidence it was objected, by the defendant, that inasmuch as the putting a letter into the postoffice containing notice of a protest, properly directed, forms a conlusive legal presumption that such notice was duly given and received; it was also a legal presumption that the notice went to the place directed and no other; and that the plaintiff was concluded from showing, either that the destination of the letter was changed on its passage, or was in point of fact sent to any other place.
The court overruled the objection, and the evidence was received.