Personal service is required only in the case mentioned in the preceding section, to wit, that where the party serving notice and the party to be served reside in the same place. This personal service may be actual or constructive. An actual personal service may be made at any hour or at any place if it be not otherwise too late.1 The service is equally personal whether served upon the person himself or served by leaving the notice with some one in his place of business, or some proper person at his house.2 The preliminary question to be determined is whether the service needs be made at the place of business or the residence. If the place of business is in the same town or city, but the residence is outside of the city, the service must be made at the place of business unless it is personal at the residence and not by mail.3 But where the residence and the place of business are in the same place, and there has been no direction as to service, the notice may be given at either place,4 and the person charged by notice has no right to complain that either place has been chosen. If the person to be served is actually found at his residence or place of business the hour of service makes no difference. But where the service is made by a constructively personal service the hour is a matter of importance. If served at the place of business the hour of service must be during business hours.5 In order to determine what are the hours of business the rules stated in a preceding section6 as to demand should be consulted. If the constructive personal service is had at the residence, the hour is not a matter of much importance7 because the occupant of the domicile is expected to return there after business hours. A service as late as 12 o'clock at night at the residence has been approved,8 as well as a service at an early hour in the morning.9 In order to determine whether or not the place is actually the place of business for service, the person serving may rely upon appearances,10 upon signs and notices,11 or upon what he is told by any one in the place of business.12 If the place of business is closed, and no one there, the notice may be left under the door.13 If it is open, but no one there, the notice may be left on the desk of the person to be charged,14 or at the person's desk in the office where he was employed,15 or in the particular room of the party to be served in a building.16 If there be some one there, such as the wife, the person in charge,17 a bookkeeper, the private secretary,18 employee or slave,19 or one who is not shown to be connected with the proprietor,20 the notice may be left with him. The temporary absence of the person from his place of business,21 even though it be for a period of some length of time,22 does not prevent service there. A bank is properly served at its banking-house,23 a corporation at its office, even though it had no right to maintain one at the place,24 and a suspended bank or other corporation is properly served where its business is being wound up.25 Partnerships are served by leaving the notice at their places of business26 or at the residence of one of the partners.27 The dissolution of the partnership does not prevent the service of notice upon either of the partners28 or a surviving partner,29 whether the fact be known to the holder or not.30 But if an office is in a building, the service must be made at the particular office, not in the building generally.31 The place of business may be a desk in some other person's office,32 or even a place where the person is accustomed to go for the purpose of receiving mail but not attending to business;33 but a room where the person to be served was accustomed to resort, but not for the purpose of attending to any regular business, was not considered a place of business for him.34

3 First Nat Bank v. Owen, 23 Iowa, 185. The letter would be certain to be received in due course of mail.

4 Davis v. Beckham, 4 Humph. 53. But see case in note 3.

5 Casco Nat Bank v. Shaw, 79 Ma 376; Johnson v. Brown, 154 Mass. 105; Wood v. Callaghan, 61 Mich. 402. The letter chute of a large building is a part of the letter-box.

6 The branch postoffice is a regular postoffice.

7Mt. Vernon Bank v. Holden, 2 R. I 467.

8 Pierce v. Langfit, 101 Pa. 507; Wynen v. Schappert, 6 Daly, 558.

9 Kern v. Von Phul, 7 Minn. 42a 10 Sasscer v. Farmers' Bank, 4 Md. 409.

11Townsend v. Ould, 31 N. Y. Supp. 29.

12 Todd v. Neal. 49 Ala. 266 (questionable).

13Lincoln Bank v. Hammatt, 9 Mass. 159; Chicopee Bank v. Eager, 9 Met. 583; Benedict v. Rose, 16 a C. 629.

14 Shoemaker v. Mechanics' Bank, 59 Pa. 79.

1 At any placa Hyslop v. Jones, 3 McLean, 96. At any hour. Adams v. Wright, 14 Wis. 408. See Hallow ell v. Curry, 41 Pa. 322, service at 12 P. M.

2Isbell v. Lewis, 98 Ala. 550; Westfall v. Farwell, 13 Wis. 504

3 See cases cited in note 0, Sec. 272, ante.

4 Bank of Columbia v. Lawrence, 1 Pet 578; Phillips v. Alderson, 5 Humph. 403; Simms v. Lasken, 19

Wis. 390 (under a statute). This rule applies to a partnership. Fourth Nat. Bank v. Altheimer, 91 Mo. 190. 5 John v. City Nat. Bank, 57 Ala. 96; Stephenson v. Primrose, 8 Port. 155. In Alabama an attorney's business hours include the evening. Stanley v. Bank of Mobile, 23 Ala. 652.

6 See Sec. 250, ante.

7 See note 1 to this section.

8 Hallowell v. Curry, 41 Pa. 322. The rule would be different as to a demand, and properly so. A notice does not require affirmative action upon the spot, but a demand does.

9 But see Dufour v. Morse, 9 La. 333.

10 Lamkin v. Edgerly, 151 Mass. 348 (a statute); Libby v. Adams, 32 Barb. 542. It has been held that the place where the indorser is employed is his place of business. Bank of West Tenn. v. Davis, 5 Heisk. 436. But notice to a son-in-law, at the latter's office, for the indorser, is not good; the indorser was away from home, but his family remained. Bank of New Orleans v. Millaudon, 25 La. Ann. 280. On postmaster at postoffica Cook v. Renick, 19 111. 598.

11 See cases in last note.

12 Libby v. Adams, 32 Barb. 542.

13 Jones v. Mansker, 15 La. 51.

Or not given at all Howe v.

Bradley, 19 Me. 31; Union Bank v. Fowlkes, 2 Sneed, 555; Bowie v. Blacklock, 2 Cranch, C. C. 265.

14Hobbs v. Straine, 149 Mass. 212. And see Commercial Bank v. Gove, 15 La. 113.

15 Bank of Commonwealth v. Mud-gett, 45 Barb. 663.

16 Bank of U. S. v. McDonald, 4 Cranch, C. C. 624

17 Mercantile Bank v. McCarthy, 7 Mo. A pp. 318; Edson v. Jacobs, 14 La. 494; Lord v. Appleton, 15 Me. 270. Left with mate on board ship commanded by indorser. Austin v. Latham, 19 La. 88. Left witli wife or person in charge of place of business. Aurianne v. Esch-backer, 28 La. Ann. 48.

18 Jones v. Mansker, 15 La. 51; Merz v. Kaiser, 20 La. Ann. 377. But see Paine v. Edsell, 19 Pa. 178. This case also decides that if the direction given to the clerk is not to open the letter the notice is bad.

19 Bank of U. S. v. Merle, 2 Rob.

(La.) 117. The opinion recognizes that a slave is a human being; its date is 1842.

20 Mechanics' Banking Ass'n v. Place, 4 Duer, 212; Curtis v. State Bank, 6 Blackf. 312.

21 See next note.

22 Walker v. Stetson, 14 Ohio St. 89. For residence, see Fisher v. Evans, 5 Bin. 541.

23 Aiken v. Marine Bank, 16 Wis. 679. The delivery should be to a proper officer, such as a cashier; but the notice may be directed to the cashier (Coffman v. Bank of Kentucky, 41 Miss. 212) or the president. See first case in this note.

24 Merrick v. Plank Road Co., 11 Iowa, 74.

25 American Nat. Bank v. Junk

Bros. Co., 94 Tenn. 624; Crews v. Farmers' Bank, 31 Grat. 348.

26 Hubbard v. Matthews, 54 N. Y. 43. Here the firm was dissolved.

27 Fourth Nat. Bank v. Altheimer, 91 Mo. 190.

28 Coster v. Thomason, 19 Ala. 717. And see last note.

29 Dabney v. Stidger, 4 Smedes & M. 749; Slocomb v. De Lizardi, 21 La. Ann. 355. And see note 17, Sec. 276, post.

30 See the cases in last two notes, and Nott v. Downing, 6 La. 680.

31 Kleinmann v. Bormstein, 32 Mo. 811.

32 Williams v. Brailsford, 25 Md. 126.

33 People v. North River Bank, 62 Hun, 484.

The residence of a person at a particular time is his usual place of abode at that time.35 It may be a residence, a boarding house or a hotel. If the residence be a hotel, the notice may be left with the clerk if the person is not in his room,36 although in Arkansas there has been some doubt thrown upon this proposition at an earlier day, owing probably to the extremely barbarous character of the hotels to which the judges were accustomed.37 "Where the person to be served lives at a boarding house, if after inquiry he be found not to be there,38 the notice may be left with a fellow-boarder, and for the same reason with the person in charge, with directions to deliver it to him.39 Where the service is made at a residence and the house is found closed with no one there, the notice may be left there;40 but if the indorser has a place of business in the city, perhaps some inquiry should be made there.41 If any one is found in the house, even a slave in old days,42 the notice may be left with that person, with directions to deliver it.43 W here the residence has been changed, the rule to follow will be found in a later section.44

34 Stephenson v. Primrose, 8 Port 155.

35Wachusset Nat. Bank v. Fair-brother, 148 Mass. 181.

36 Bradley v. Davis, 26 Me. 45. The case shows that the barkeeper was the person with whom left.

37 Ashley v. Gun ton, 15 Ark. 415. Any judge ought to be willing to concede that the clerk of any reasonably kept hotel is the proper person with whom to leave a notice for a person at the hotel.

38 See the next note. But if the place be a hotel or boarding house it should appear that the person to be served is stopping there. Kerr v. Roberts, 5 Wkly. Notes Cas. 25.

39 Bank of U. S. v. Hatch, 6 Pet. 250.

4°Isbell v. Lewis, 98 Ala. 550; Greatrake v. Brown, 2 Cranch, C. C 541.

41 Commercial Bank v. Strong, 28 Vt. 316. The great weight of authority is to the contrary.

42 Colored servant. Coulon v. Champlin, 15 La. 544. See Bank of U. S. v. Merle, 2 Rob. (La.) 117.

43 See Bank of U. S. v. Hatch, 6 Pet. 250. Giving the notice to a daughter at the house is good, the indorser being away, although it was shown there were two daughters, ene quite young. Bank of Kentucky v. Duncan, 4 Bush, 294..

44 See Sec. 281, post.