Page:Federal Reporter, 1st Series, Volume 6.djvu/360

 348 FEDERAL REPORTER. �Let there be a decree for the plaintiff that final judgment shall not be rendered until the plaintiff in ejectment bas paid the balance thus found to be due to the ejectment defendant. ���Wbstphal and others ». Ludlow, {Circuit Court, D. Minnesota. March, 1881.) �1. Peomissoet Note— Collatbhaii Sbcubitt— Notice of Dishonob. �The strict rules of law relative to the presentation and notice of the dishonor of promissory notes do not prevail whea such notes are held as collateral security for a precedent debt. �2. Samb— OBiaiNAL Dbbt. �The f allure to present and protest a note taken as collateral secur- ity will not def eat a recovery of the original debt, where the amount of the note was not lest through the negligence of the crediter. — [Ed. �This action was tried before the court without a jury. �The plaintiffs are citizens and residents of the state of lowa, and the defendant is a citizen and resident of the state of Minnesota. �In the year 1878, and previous to the month of September, the defendant was indebted to the plaintiffs for goods sold, and on the eighteenth of that month he enclosed in a letter to them a note of 0. St. John Cole for $325, dated November 14, 1877, payable to defendant's order 12 months from date, and indorsed by him, proposing that they accept the note as payment on his account, the interest being computed to that date. Plaintiffs answered, declining the proposition, on Sep- tember 11, 1878, but saying they would take it for collection, "applying the proceeds on your [his] account if collected at maturity." Not receiving a reply, plaintiffs, on September 21st, wrote, inquiring whether they should return the note or "send it for collection, applying proceeds on your [defend- ant's] account." �The defendant replied September 27th, aecording to the plaintiffs' suggestion, requesting them to collect it, and stat- ��� �