Berry v. Robinson

Counsel

Cady, for the plaintiff contended that where a note was negotiated after it was due, or dishonoured, the holder was not bound to demand payment of the maker, and give notice to the endorser, but might sue him immediately. Where a note is negotiated after it is due, the endorsee takes it altogether on the credit of the endorser; it is the same as a new note by the endorsor.* The reason of a demand of payment of the maker, and notice to the endorsor, does not apply to this case. The general rule is dispensed with in cases of bills of exchange, where the drawer has in the hands of the drawee.*, Henry, contra, insisted, that the endorsement was merely an order on the maker to pay the amount of the note to the plaintiff; and it necessarily involved a duty on the party to go and demand the money of the maker. A bill negotiated, after it is due, is equivalent to a bill payable át sight. Acceptance of a bill may be after the day of payment, and which may be negotiated, and may be so declared upon.‡ The necessity of a demand of payment. and notice to the endorsor exists, and is indispensable.