Ducros v. Jacobs

The defendant is appellant from-a judgment against her as endorser of a promissory note.

She resisted the claim on the ground, that there was no allegation of a demand on the drawer, and therefore no evidence of it could he received; and that the costs of a suit previously brought for the same cause of action, in which there was a judgment of non suit, have not been paid.

On the merits, the general issue was pleaded, but the defendant’s signature was admitted.

The petition contains an allegation that the note was duly protested for non payment. As no protest can be duly made without a demand,…