“ At the trial the note was given in evidence, and the handwriting of the drawer and endorser admitted. The plaintiffs farther proved, by a notary, that the note was, by him, demanded of the drawer, on Saturday the 25th of April, 1812, being the day on which it became payable, that is, the last day of grace. ”

“ Upon which evidence the defendant's counsel prayed the Court to instruct the jury, that the above proof of notice was insufficient to charge the defendant as endorser of said note, and that the plaintiffs were not entitled to recover. ”