“Error to the District Court of Louisiana. This was a suit brought by petition, according to the course proceedings in Lousiana, by Webb, the defendant in error, against Nicholls, the plaintiff in error, upon a promissory note, dated the 15th of January, 1819, made by one Fletcher, for the sum of 4880 dollars, payable to the order of Nicholls, at the Nashville Bank, and endorsed by Nicholls, by his agent, to Webb. The answer of the defendant below denied such a demand, and notice of non-payment, as were necessary to render him liable as endorser. At the trial it appeared in evidence, that the note became due on the 18th of July, which was Sunday. The demand of payment of the maker was made, and notice of non-payment to the endorser, was given at the request of the plaintiff below, by one Washington Perkins, a notary public, who died before the trial.”
21 U.S. 326