case pardon vers full in c b in a action on a promissory note against the  endorse there ought to be evidence of a demand upon the drawer but that be a  fact to be leave to the jury this be a action on a promissory note against the  endorse at the trial before chief justice will at guildhall it be doubt  whether the comens er p plaintiff ought not to prove a demand upon the drawer  before the action be bring the matter of proof be leave to the jury whether a  demand be make or not comens on a motion for a new trial judge fortescue  mention the case of Davies and mason Geo in the court of common plea wherein  it be agree by the court that there ought to be a demand upon the drawer for  the endorse undertake conditional only if the drawer do not pay indeed if a  note be forge chief justice holt hold the endorse liable though no demand and  indeed no demand can be for when a note be forge there be no drawer so on a  note Payable to a man or bearer no demand need be from he to who it be make  Payable but a new trial be deny for the evidence of the demand be leave to the  jury who be the proper judge of that fact and know best the course of deal it  be determine in the case of heylin v Adamson report in burr p which examine  and reconcile the authority upon the subject that to entitle the endorsee of a  inland bill of exchange to bring a action against the endorse upon failure of  payment of the drawer it be not necessary to make any demand of or enquiry  after the first drawer this point have be lie down different in different book  owe to the drawer of a bill of exchange be confound with the maker of a  promissory note vide ld raym Cas tempt Hardw p burr the distinction subsist  between they be thus clear and satisfactory lie down by Lord Mansfield by who  the law upon the subject now seem to be settle the law be exact the same and  full settle upon the analogy of promissory note to bill of exchange which be  very clear when the point of resemblance be once fix while a promissory note  continue in its original shape of a promise from one man to pay to another it  bear no similitude to a bill of exchange when it be endorse the resemblance  begin for then it be a order by the endorse upon the maker of the note his  debtor by the note to pay to the endorsee this be the very definition of a  bill of exchange the endorse be the drawer the maker of the note be the  acceptor and the endorsee be the person to who it be make Payable the endorse  only undertake in case the maker of the note do not pay the endorsee be bind  to apply to the maker of the note he take it upon that condition and therefore  must in all case know who be be and where he life and if after the note become  Payable he be guilty of a neglect and the maker become insolvent be lose the  money and can come upon the endorse at all therefore before the endorsee of a  promissory note bring a action against the endorse he must show a demand or  due diligence to get the money from the maker of the note just as the person  to who the bill of exchange be make Payable must show a demand or due  diligence to get the money from the acceptor before he bring a action against  the drawer burr p this point respect the endorsee of a promissory note receive  a similar determination in the case of Syderbottom vers smith Str p and in the  case of Collins v buller Str p