
    Scarborough and Cook against Harris.
    Wherever a new credit or time for pay-í^thé^hoíder °^ea the . holder takes !t aPon himself, and the indorser is discharged. ,vhatevLr^ ;*le. notice to the indorser.
    INDORSEES against the indorser of a bill of exchange. . , , r ... Cause tried before a special jury.
    On the 5th of August, 1783, John Banks drew the bill in question, on a Mr. Cunningham in Glasgow, which was indorsed by the defendant to give it credit, and negotiated J .. by Banks to the plaintiffs. On the 18th of November fol- . . , r, ■ , , , r lowing, it was presented to Cunningham, and noted tor non-acceptance for want of effects > of which the plaintiffs gave due notice to the drawer, Banks, but kept it back from the defendant, the indorser, at the particular desire ’ _ r of Banks, whose credit at that time was tottering. On the 26th of January, 1784, Banks, in order to satisfy plaintiffs, gave a new bill for the amount of the former bill, with interest and damages, on his brother in Virginia, which was returned under protest. In the mean time, the first bill from Glasgow, came out protested for non-payment. 
      Banks soon after became insolvent, and went off to Norths Carolina, where he died. And on the 20th of April, 1784, the plaintiffs gave notice to defendant, and demanded payment from him, which was refused.
    For the defendant, two grounds were taken: 1st. That there was not immediate notice given him as indorser, of the non-acceptance, which the law of merchants requires ; not being apprized of it till April, 1784, after Banks became insolvent. 2d. That there was a new credit given, by taking a new bill, and giving Banks, the drawer, time for payment.
   Per tot. Curiam.

1. Although it may not be necessary, in some cases, to give drawer notice of protest, as where drawer had no effects in drawee’s hands, Doug. SS. yet this rule will in no case apply to an indorser. 5 Burr. 2607. For in all cases whatever, the holder of a bill must give reasonable notice to the indorser, that is, by first post or convenient opportunity, which is partly a matter of fact for jury, what is reasonable or not. , Doug. 499.

2. Wherever a new credit is given, the party holding, takes it upon himself; and in no case where the holder gives time for payment to the maker, is the indorser liable. 1 Term Rep. 167. 714. 1 Well. 48,

Verdict for defendant.  