
    [*] OLIVER against MUNDAY.
    OR CERTIORARI.
    Reputed insolvency of the maker of a promissory note, is no excuse for want of notice to the indorser.
    The action below was brought by Munday as indorsee, against Oliver as an indorser of a promissory note. It was admitted, that the indorsee had not demanded the money of the maker of the note, nor given any notice to the indorsee, of the non-payment. But it was also admitted, that the maker of the note was on [716] the limits of the jail of the county of Essex at the time the note became due, and was reputed to be insolvent.
    
      Scudder, for plaintiff.
   By the Court.

Notwithstanding the reputed insolvency of the maker of the note, yet a demand and refusal, and notice thereof, was necessary.

Judgment reversed. 
      
       S. P. Saund. PL and Ev. 292. Esp. Dig. 36. Doug. 497. 4 Mass. R. 344.
      
     