Selden v. Washington

Le Grano, O. J., delivered the opinion of this court. This action is brought to reco\Ter the amounts of three promissory notes; two of them drawn by John Lee, in favor of George C. Washington, the intestate of the appellee, and by him endorsed, and the other by George 0. Washington, in favor of John Leo, and bj the latter endorsed. In regard to this last note, the record presents no question for the decision of this court.

The points in coniroversy relate to the sufficiency of the demand of payment of the notes drawn by Lee, and to tha*, ³⁸⁶ of the notice of non-payment given to the endorser, Washington. 1 The notes were dated Washington, and not, on their faceT made payable at any particular place; and, in the case of Sasscer vs. Whitely & Stone, 10 Md. Rep., 98 , it was held, that where a note is dated at a particular place, and no other place is designated as that of negotiation and payment, the presumption is, that the maker resides where the note is dated, and that he contemplates payment at that place; but this presumption may be rebutted, and if the drawer resides elsewhere within the State, when the note falls due, and this be known to the holder, demand must be made at the maker’s residence, or place of business. Rut, if the drawer does not reside in the State, and has no place of business within the? State, no demand upon him is necessary. Ricketts & Whittington vs. Pendleton., 14 Md. Rep., 330 , and the authorities there cited.

It was given in evidence, by a notary public of Washington, District of Columbia, that when the notes drawn by John Lee severally became due, he, at one of the banks in Washington city, made demand of payment of the note, and received for answer, “no funds here;” and that, on inquiry, he ascertained that Lee had no place of business or residence in Washington, but resided somewhere in Frederick county, Maryland. On the part of the defendant, it was shown