When a promissory note made by one party and endorsed by another matures or becomes due, the rule is to look to the maker for payment. In case he fails to pay at the proper time, then the bank must promptly give notice to the endorser or endorsers of the maker's failure to pay, for if this is not done the rule of law is that the endorser cannot be held responsible. This rule of law is based on the principle that unless the endorser is promptly notified of the nonpayment by the maker he naturally presumes that the note has been paid, but when he is notified he then is able to take prompt measures to protect himself for his liability by procuring security from the maker, or in some other way. This notification is called "protesting" the note for non-payment, and is usually given by a notary public or other officer qualified to administer an oath, after he has presented the note at the bank or other place where it is made payable by its terms, in the following form:

Any party who gives a promissory note should be careful to state plainly in the note where he desires to pay it, and also to make a memorandum of the date of maturity, as well

Edwin F Corey, Notary PuBlic.

56 Wale St $ ......... NewYork,...................................190

Please take notice, That a........................................................................

drawn by.......................................................................................

for.................................................................................................Dollars, dated...................................................................................................................................................................

payable...........................................................to the order of

................................................................................and drawn on

...................................................................................................................................

endorsed, by you has been this day Protested, for non-payment ana that the holders look to you for the payment thereof

To ......................................................

Notary Public as of the amount, for while it is the custom of some banks to send to the maker a notice showing when and where it is due and payable, the failure to receive this, through miscarriage in the mails or from some other cause, will not relieve the maker of any responsibility arising from his failure to pay the note at the place and time agreed.

If the note, by its terms, is made payable at a certain bank, then, before being protested, it should be formally presented for payment at such bank to the "teller," or other proper officer, at the close of business on the day of maturity, the payer having the right to pay it any time before the close of business on said day. If it is made payable "at any bank," then presentation at any bank in the place named in note will constitute a proper presentation before protesting. If, however, no place of payment is named, then the note should be presented at the place of business of the maker, or if he has no place of business, then at his residence, and if this cannot be found after a reasonably diligent search by the officer charged with the presentation and protest, then the protest may be made without the actual presentation.

Where notes or other obligations requiring protest if not paid are sent by one bank or person to another bank or person for collection at maturity, the bank or person receiving same should require the sender to give specific instructions with regard to protest, and in cases where such instructions are not given, then the safe rule is to protest any such paper appearing to require this.