Under the settled rules of law the presentation of commercial paper for payment, the demand of payment, and the notice of non-payment are governed by the law of that place where the paper is payable,1 because the parties are supposed to have contracted with reference to the law of that place. The rule governing the form of the protest will be considered under another section.2 A bill of exchange is payable where the drawee resides, nothing else appearing. If that residence is given in the bill, or if the bill states where it is payable, the declaration in the bill governs. If the residence is given at one place, and the payment of the bill is fixed for another, the rule would seem to be that the law of the latter place govson v. Anderson, 4 Dana, 352. And see Ross v. Jones, 22 Wall. 576; Brown v. Williams, 4 Wend. 360; notes 5 and 10, supra.

13 This is the rule at common law. But an exception has been allowed arising from the intention of. the parties. Elgin City Banking Co. v. Self, 35 S. W. R. 953 (Tex.); Merchants' Nat. Bank v. McAnulty, 31 S. W. R 1091 (Tex.), and the cases referred to therein. But it has been held that if one of the joint parties is a surety and known to be such to the holder, a release to the principal releases him, even where the common-law rule does not prevail. Irvine v. Adams, 48 Wis. 468.

Compare Bonnell v. Prince, 32 S. W. R 855 (Tex.).

1 Wiseman v. Chiapella, 23 How. 368; Pierce v. Iudseth, 106 U. S. 546; Wooley v. Lyon, 117 111. 244; Brown v. Jones, 125 Ind. 375; National Bank v. Wood, 142 Mass. 563; Spearman v. Ward, 114 Pa. 634; Todd v. Neal, 49 Ala. 266; Webster v. Howe Machine Co., 54 Conn. 394. And the case of Musson v. Lake, 4 How. 262, decides that presentment as to indorser is governed by the law of the place of indorsement. But a bill by one government on another is not governed by the law merchant. United States v. Bank of U. S., 5 How. 382.

2 See Sec. 305, post.

eras. If nothing appears as to the place of payment or the residence of the drawee, the law governing would be that of the place where the bill was properly presented. A promissory note, if it declares where it is payable, is governed by the law of that place. If no such declaration be made in it, its payment is governed by the law of the place where it is made negotiable,3 or, if no such declaration appears, where it is dated. If neither place appears in the note, the law of the place of contracting or making of the note governs.4 All the above rules are merely a method of ascertaining where the instrument is payable. The law of the place where payable governs both maker, or drawer, indorsers, and drawee or payee.5 There are variant decisions given below, but they are not authority.6 If the governing law is that of another jurisdiction it is to be proven as a fact.7 If no proof on the matter be offered, the presumption will be made either that the law of the foreign jurisdiction is the law of the forum8 or is the common law.9