Blacklege v. Benedick

Suit against the indorser of notes payable at a bank. The complaint did not allege a presentment of the notes at the bank for payment, protest, and notice, &c., nor an excuse for the failure to do so. It alleged that the notes, at the date of the commencement of the suit, were lost. Judgment by default.

The contract of an indorser of a note payable at bank, is,-that he will pay it on failure of the maker to do so on proper presentment and demand, if he, the indorser, is duly notified of such failure of the maker.

Such demand, failure, and notice, where no legal excuse for failure to demand,…