The defendants pray for the reversal of a judgment, •rendered against them as endorsers on a note of $340, on the ground that no demand was made at the place indicated for payment in the body of the instrument itself. The note was made payable at the City Bank of New Orleans at Natchitoches, and the deed of protest shows, that the notary demanded payment of the same from the drawer, and was answered that it could not be paid,' It is now well settled in thjs State, whatever may have been the adjudications on this point elsewhere, that a demand of payment and presentment of the note at the place indicated for payment in the instrument, are indispensable to a recovery against the maker. If this be true in a suit against the maker, it is so cl fortiori in a suit against an endorser, who can be made liable .only by strict proof of a legal demand cm the maker. 3 Martin, N. S., 423; 10 La., 552; 12 Id., 472; 14 Id., 181; 15 Id., 242.
The testimony of the parish judge, who made the protest, was heard below, to explain the circumstances accompanying the de» mand made on the drawer of this nQte. Even if his testimony were legal, which may well be doubted, it is entirely too vague and uncertain to be of any weight. He states that the note was not, he thinks, given to him for protest at the Bank; that he thinks, the cashier gaye it to him at his office, and from the phraseology of the demand in the protest, he thinks, that the maker replied that the note need not be presented at the Bank, that it would npt be paids — • that this is his impression.
Such testimony adds little to the protest, which is clearly insufficient to charge the endorsers. But it appears, that pending an application for a new trial of this case below, in November last, the attorney of plaintiffs told Robinson, one of the defendants, that if the new trial was refused, he would appeal. That Robinson replied, that it would not be worth while ; that Charles A. Bullard, the maker, had promised to make some arrangements, and that he would pay in January or February following; and that when this promis.e
It is therefore ordered, that the judgment of the District Court be affirmed with costs as against Robinson, and that it be reversed as against Long, the plaintiffs and .appellees paying his costs in both courts.