Sec 962

When a creditor designates the post as the way in which payment is to be made to him, and his directions are followed, then the post-office is to be regarded as the agent of the creditor, and he takes the risk.7 The posting of a letter, properly addressed and stamped, to a person known to be doing business in a place where there is a regular delivery of letters, is prima facie proof of the reception of the letter by the person to whom it is addressed.1 The letter, however, must be correctly and specifically directed,2 and when particular instructions have been given by the creditor, these should be followed.3

Payment in bank notes valid when a legal tender.

Payment by letter sufficient when in accordance with instructions.

1 Roberts V. Fisher, 43 N. Y. 159; supra, sec 744. Where money, which is stolen from a creditor by a debtor, is delivered to the creditor, who accepts it in payment of the debt, this is no payment. State Bank V. Welles, 3 Pick. 394.

2 Frontier Bank V. Morse, 22 Me. 88; Fogg V. Sawyer, 9 N. H. 365; Gilman V. Peck, 11 Vt. 516; Wainwright V. Webster, 11 Vt. 576; Com. V. Stone, 4 Met. 43; Magee V. Carmack, 13 Ill. 289: see, however, contra, Lowrey V. Murrell, 2 Port. 280.

3 Infra, sec 984.

4 Ibid. That an agent is bound to receive only currency, see supra, sec 943, and so of an attorney, supra, sec 944. The question of void or forged notes has been already noticed, supra, sec 960.

5 Kington V. Kington, 11 M. & W. 233; Warwicke V. Noakes, Peake, 67; Wakefield V. Lithgow, 3 Mass. 249.

6 Gorden V. Strange, 1 Ex. 477; and see cases in next section.

7 Warwicke V. Noakes, Peake, 67; Skelbeck V. Garbett, 7 Q. B. 846; New Haven Bk. V. Mitchell, 15 Conn. 206; Shoemaker V. Bank, 59 Penn. St. 79; and cases cited in last section. As to posting acceptance, see supra, sec 18.