The question as to whether a demand of payment has been made depends, of course, upon whether a proper demand has been made, and this must be determined with reference to the person who makes the demand and the person upon whom the demand has been made, and the place and time of making it. The person to make the demand depends upon the nature of the instrument. Foreign bills of exchange are governed by one rule, and domestic paper, including promissory notes, checks, inland bills, certificates of deposit and certified checks, are governed by another rule. The person upon whom to make the demand must be determined by the presence or absence of the person upon whom the demand ought to be personally made. The elements of place of demand and time of mak-

4 Angle v. N. W. Mut Life Ins. Co., 92 U. S. 330. 5 Chandler v. Mason, 2 Vt 19a ing the demand enter largely into the question. The death of the holder or of the party upon whom demand is to be made introduces further variations as to the person and time and place. The character of the paper, as to whether it is a check or a bill of exchange or a note or other paper, will vary the rule as to the time of the demand. The consideration as to whether the paper is payable at a certain place or not made so payable affects the place of the demand. Customs and business usages also have their influence. If no demand is made it may be excused by a waiver of a demand, by a lack of right or authority to draw in the case of a bill of exchange or a check, by a change of the residence of the party upon whom demand is to be made, or by his absconding, or by a state of war, or the prevalence of an epidemic. Generally the question of reasonable diligence on the part of the holder will be controlling as an excuse for failure to demand. The divisions of the subject which follow seem to be the most appropriate to the subject.

6 Benton v. Martin, 81 N. Y. 882; Aborn v. Bosworth, 1R I 401.