case ex part marshal and other December the saint part of SC post g draw a  great number of bill Payable to v and a upon h who have no effect of g s in  his hand but accept they for the honour of the drawer g become a bankrupt and  h by mean of the great sum he pay on account of such acceptance become  bankrupt likewise the bill holder prove under both commission and receive  dividend but not sufficient to pay S in the pound the assignee of h pray to  stand in the place of the billholder pro tanto as they have receive under h s  commission against the estate of Garway Mr Garway of Worcester draw a great  number of bill Payable to veer and asgill upon Hatton who have no effect of  garway in his hand but however accept the bill for the honour of the drawer  atkins Garway become a bankrupt and Hatton by mean of the great sum he pay on  account of such acceptance as before mention become a bankrupt likewise the  billholder prove under both commission and receive dividend but not sufficient  to pay S in the pound and in April last upon a former day of petition marshal  c the assignee of Hatton prefer a petition to Lord chancellor and pray to  stand in the place of the billholder pro tanto as they have receive under  hatton commission against the estate of Garway Hatton as be insist by the  petitioner counsel be to be consider as a surety for the debt and Garway a  principal and Lord chancellor at the former hear make a order accord but it be  strong object by the counsel for garway creditor that this will be charge  garway estate double direct the petition to stand over and on its come on  again this day his lordship order that the petitioner as assignee of Hatton  shall stand in the place of the billholder pro tanto as hatton estate have pay  on account of his acceptance of the say bill but shall not be entitle to any  dividend from garway estate till the billholder have receive a full  satisfaction for their debt and if the surplus of garway estate after the  billholder be full satisfy shall not be sufficient to answer what Hatton have  pay as the acceptor of garway bill then his lordship declare that nothing in  this order shall prejudice any right the petitioner may have by action against  the person of Garway for the residue of their demand notwithstanding Garway  have have his certificate for his lordship say it seem to he as if hatton  demand do not proper arise till after the issue of the commission against  Garway because though there be a imply contract between drawer and acceptor  yet there be no breach on the part of drawer till after his bankruptcy and  consequent Hatton be not a creditor under the commission because his debt be  subsequent to it nor do he fall under the description of person in the Geo who  may sue out commission though their debt be payableat a future day there debt  is owed in prsenti to loosen in going to be but here atkins er p it be  contingent whether it will ever be a debt as Garway may not have fail see ex  part Ryswick p W Kettier v reins cook b law the counsel for the petitioner  mention the case ex part Walton ante do you d in the matter of Winsmores  bankruptcy where as he state it Lord chancellor make a order that the assignee  under the commission against the acceptor shall come under the commission  against Winsmore the drawer pro tanto as the acceptor have pay on account of  such bill and to receive a dividend rateably with the rest of the creditor  Lord chancellor say that the order allude to in Winsmores bankruptcy be not as  state nor be it applicable to this case but that suppose the two case to be  something similar he think the direction he have now give under the present  atkins petition be the justice of the case and therefore have order accord