case Cramlington against crying Euhan easter land James roll if a bill of  exchange Payable to a to the use of b be assign by a by endorsement to another  it can be extend for a debt due to the king by b SC show SC vent SC Carth SC  skin SC holt defendant draw a bill of exchange Payable to one price to the use  of one Calvert price assign by endorsement the bill to the plaintiff who bring  the action as endorsee the defendant plead that Calvert be indebt to the king  and that thereupon a extent have be sue and this money pay the plaintiff  demurrer sir Robert sawyer argue for the defendant that here be no legal  interest in this bill but the money be and belong to Calvert the bare delivery  of good and chattel upon a confidence be not a trust but the property remain  in beneficiary and use and he cite shaw v Horewood Yelv Harris v beaver cro  James where good or money or other personal thing be deliver to another they  give no property unless it be to his use so if it be express to the use of the  deliverer or a stranger shower KB dyer if price have receive the money Calvert  may have have a action of debt against he for it Henry pl and if this be so  how can these assignee come to a interest and to lie a custom that a man shall  come to a property in that which he know and see plain be I without my  direction shall never help it Henry pl   the custom of merchant assign a  choose in action but it be from he that have the property but the go to the  first drawer be not by the custom of merchant but by the commonlaw by reason  of the cc value receive it can be say to be pay in his own wrong because he  that recover have as much right to sue as the other and both may now here be a  extent whereby this very debt be extend as well against Cramlington as the  other and the money actual pay for so it be plead this extent be a suit in  calvert name who money it be for the extent be his and he recover then here be  a recovery before the other suit which show that it do not amount to the  general issue but be a subsequent bar Thompson e contra for the plaintiff the  privity of contract be between the drawer and price and the endorsee the last  endorsee have a action against any of the endorsers or against the original  drawer and therefore this can be no good plea beside this plea go only to the  consideration and answer nothing to the assumpsit here be a right vest in the  plaintiff by the endorsement and assignment ten day before the extent holt  chief justice a universal custom be a law and I know no distinction between  law a merchant and custom trader if the drawer mention it for value receive  then he be Chargeable at commonlaw but if no such mention then you must come  upon the custom of merchant only this be a bill which be assignable by price  and when price assign it he receive the money and that receipt be for shower  KB er p the use of Calvert and there Calvert have his action but we can take  notice of none but price and at this rate the credit of bill of exchange will  be spoil per totan curian judgement for the plaintiff