Frazier v. Johnston

Decided October 15, 1832

Assumpsit against the defendant as endorser of a promissory note of King and McLure, payable in six months from the 14th February, 1829. It is averred in the declaration, that on the 14th August, 1829, the plaintiff demanded payment of the drawers, and gave the defendant notice. Plea, the general issue. On the trial, the note was read in evidence, and proof made of a demand of the makers, five days after the note fell due.

Decided 1832-10-15

WRIGHT, J.

¶1We think the statute does not dispense with notice to an endorser. The act referred to, on certain kinds of paper, may possibly enlarge the time for a demand of the drawer, and dispense with a prosecution of the drawer to insolvency. So far, the act may settle what shall be due diligence; but the act is silent as 132] *to the notice; because, as we suppose, it was not intended to alter the law merchant in that particular. The defendant is entitled to a verdict.

¶2Verdict accordingly, and judgment for the defendant.