Samuel Hildeburn, Plaintiff v. Henry Turner

Mr. Brent, for plaintiff. The single question is on the admissibility of the notarial protest; and, if admissible for any purpose, it is competent evidence. The bill of exchange is drawn in Mississippi, payable in Louisiana; and, in such case, the protest is evidence by the law merchant. 2 Pet., 593; 2 Pet., 691; Waldron v. Turpin, 15 La., 555; 5 Mar. La., N. S., 513. On this head, I also refer to the statute of Louisiana, 1827 (Bull. & C. Dig., 13, 43), and to 14 La., 394; Franklin v. Verbois, 6 Id., 730. The demand is presumed to be made in business hours. Fleming v. Fulton, 6 How. (Miss.), 484. I also refer to the decision of this court in Musson v. Lake, 4 How., 262, and to Brandon & Lofftus v. Whitehead, 4 Id., 127; also to Bank of the United States v. Carneal, 2 Pet., 549.