In an action upon a promissory note, though, the suit is by an indorsee against an indorser, and the note is payable in another State, no damages for protest are allowed, as upon bills of exchange.

Upon being informally presented again by cpunsel, and *352argued upon that point, the Court were unanimously of the opinion, that promissory notes, though negotiated, were not within the provisions of § 35, c. 82, of the B. S. of 1851, relating to that subject; and no such damages were allowed.