If a banknote is not presented for payment, can the maker of the note be held liable?

I have treated this question at some length for the purpose of explaining what I believe to be the proper interpretation of this section, for the reason that, whatever my own views may be upon it, I am bound by the decision of Mr. Justice Newlands in the case of Jones’ v. England, supra, 5 W.L.R. 83. This decision follows that of Warner v. Symon Kaye, supra, and I must therefore in accordance therewith hold that unless the note was presented for payment the maker is not liable upon it.

In Jones v. England, however, there was direct evidence on behalf of the defendant that the note was never presented for payment, and this evidence, so the decision states, was not denied by the plaintiff.