
    Richard T. Christmas, Tutor of William S. Weston and others, Minors, v. Isabella A. Fluker.
    Proof of notice of protest directed to the legal representative of an endorser who had died before the maturity of the note, is insufficient to entitle the holder to recover in an action against the heir of the latter.
    Appeal from the District Court of East Feliciana, Johnson, J. This was an action against the heir of the endorser of a promissory note. It was proved, that the heir had been put in possession of the estate of her ancestor before the maturity of the note; but the notice of protest was directed only to the legal representalive of the deceased. The plaintiff was nonsuited, and appealed.
    
      A. M. Dunn, for the appellant.
    
      Z. S'. Lyons, for the defendant.
    The notice is bad. It should have been directed to the heir. Bailey on Bills, 287-8, and note a. Chitty on Bills, 529, and note 1c. Bank of Louisiana v. Smith, 4 Rob. 276.
   Martin, J.

The plaintiff is appellant from a judgment of non-suit in favor of the defendant, sued as heir of the endorser of a promissory note. The irregularity of the notice was pleaded, and the plea sustained, we think correctly, by the First Judge. The notice was enclosed in a letter, not directed to the defendant by her name, but to the legal representative of her ancestor, the endorser.

Judgment affirmed.  