Case agreed. “The plaintiffs being bona fide, and for a valuable consideration, possessed of certain notes issued by this Bank, and having occasion to remit money to Baltimore, cut them in halves, and in February 1806, enclosed'-the half parts of said notes to their correspondent in Baltimore, which were
duly received. Shortly after, they enclosed the remaining half parts, in a letter, to the same person; which letter, with the enclosures, was carefully deposited in the post office at Louisville in Kentucky: but the same, with the enclosures, have never come to the hands of the person to whom it was direct
ed; nor has it, or the said half parts of the notes, been since heard of by the plaintiffs. The plaintiffs offer to the defendants ample and satisfactory security, to indemnify them against all claims, loss, or injury,'which may happen on account of the said half parts of the said notes. Question, if the defendants are bound to pay the whole, or what part of the said notes?"
2 Wash. C.C. 172