Newbern,

September Term, 1796.

#### BETTNER versus -

Graham for the plaintiff, Taylor for the defendant.

CASE on a foreign bill of exchange, protested for non acceptance. The defendant suffered a default: on executing the writ of enquiry,a question arose, whether the plaintiff was bound to give notice to the defendant, that his bill had been dishonoured before he could bring suit? and by the Court, the defendant, by suffering a default, has admitted the declaration to the amount of the bill.

Whereupon it was urged in behalf of the plaintiff, that he should recover 15 per cent. damages for costs of protest, &c. and 10 per cent. annual interest, untill the time of recovery. 1741, 16, 79.

But after great deliberation,

the Court

was of opinion that the plaintiff ought to prove notice to entitle himself to extraordinary interest and damages, and having failed so to do, was only entitled to 6 per cent, and the jury found a verdict accordingly.

M’Coy, J. and Stone, J. present.