“Case agreed. On the 11th of December 1820, the plaintiff owned and possessed sundry promissory notes called bank notes, drawn and signed in due form by and on behalf of the defendants, whereby they promised to pay to different persons, or bearer, on demand, the several sums mentioned in the said notes, which were of the description following : one note, letter A, No. 583, for $100, payable to Benjamin Morgan or bearer; fifteen notes for $20 each, payable in like manner, and of the following letters and numbers, viz. H, 1492, G, 1489, &c. &c; nine notes for $10 each, payable in like manner, and of the following letters and numbers, viz. I, 1576, &c.; and one note for $10, payable to J. C. Faber or bearer, E, No. 1566: making together the sum of $500. That on the same day, the agent of the plaintiff, then being at Cincinnati in the state of Ohio, divided each of the said notes into two nearly equal parts, and thereupon indorsed the right hand parts of the said notes in a letter which he thereupon sealed, and addressed by indorsement or superscription to the plaintiff in Philadelphia, and on the same day placed the same in the post office at Cincinnati aforesaid. That the said letter, nor any one of the said halves of notes, has not since come to the plaintiff’s hands, but all the said halves of. notes have been stolen, lost, or destroyed . . . But the defendants refused to accept the said bond of indemnity, or to pay the said notes, or any part thereof.”