
    Patriotic Bank v. Israel Little.
    If a promissory note, with a blank indorsement be put into the hands of an attorney for collection, and he die, and the note cannot be found after diligent search among his papers, secondary evidence may be given of the contents of the note.
    Assumpsit, against the maker of a promissory note.
    The plaintiff proved that the note with a blank indorsement, was, after it was payable, put into the hands of Mr. Law, the plaintiff’s attorney, for collection ; that Mr. Law died, and the note, after diligent search among his papers, could not be found.
    
      Mr. Morfit and Mr. Key, for the defendant,
    objected to the admission of secondary evidence of the contents of the note, and cited Poole v. Smith, Holt & Starkie, Rep. 55 ; Miller v. Race, 1 Burr. 452 ; Laivson v. Weston, 4 Esp. 56; Pierson v. Hutchin-inson, 2 Camp. 211; Ex parte Greenway, 6 Yes. 812; Hart v. King, 12 Mod. 310 ; Davis v. Dodd, 4 Taunt. 602; Wright v. Hancock, 3 Mun. 521; and Esp. on Evidence.
    
      Mr. Wallach, contra,
    
    cited 1 Holt, N. P. 144; 3 Compton, 324 ; Williams v. Clements, 1 Taunt. 523 ; Dangerfield v. Wilby, 4 Esp. 159; Brown et al. v. Messiter, 3 M. & S. 281; Anderson v. Robson, 2 Bay, 495; Meyer v. Barker, 6 Binney, 228, 234, 237, 238; Renner v. Bank of Columbia, 9 Wheat. 581.
   The Court

(Cranch, C. J., hesitating,)

permitted the secondary evidence to be given.  