
    Union Bank of Georgetown v. George B. Magruder.
    If the maker of a promissory note die before the note becomes payable, and the in-dorser administers upon the estate of the maker, no demand or notice is necessary to charge the indorser.
    Assumpsit against the indorser of George B. Magruder’s note for $643.21, dated November 8th, 1817, and payable to the defendant or order, seven years after date, with interest. The maker died in August, 1823, the defendant became his administrator before the note became payable. No demand of payment of the note was made upon the defendant as administrator of the maker.
    
      Mr. Key and Mr. Dunlop, for the plaintiff,
    contended that it was not necessary to make any such demand in order to charge the defendant as indorser. It could be of no use, as the defendant himself was the party bound to pay, and could not be injured by want of notice.
    
      Mr. JR. P. Dunlop and Mr. Coxe, contra,
    contended that the obligation of the indorser was only' conditional, &c.
   The Court

(Cranch, C. J., contra,)

was of opinion that no de-jnand of payment of the note was necessary upon the defendant as administrator of the maker, to charge the defendant as indorser of the note.

Reversed by the Supreme Court of the United States. 3 Peters, 87.  