case smith and palmer against scarffe and abbot a acceptance to pay a bill of  exchange when certain good be sell be a good acceptance though conditional SC  stram action upon a bill of exchange against the acceptor the plaintiff  declare upon this special acceptance videlicet to pay the bill when good send  by the drawer to the acceptor shall be sell there be a averment in the  declaration that the good be sell and a verdict for the plaintiff it be now  move in arrest of judgement because such a special acceptance as be lie in the  declaration will not bind the acceptor it be uncertain when the good shall be  sell modern er p lee chief justice declare the opinion of the court in these  word it be a observation of my Lord chief justice holt that though the  acceptor of a bill of exchange make himself a debtor by the custom of merchant  yet he be proper a debtor at commonlaw for a acceptance amount to a promise at  law to pay and this ground on a regard bad to trade adopt this rule the  question will be what sort of acceptance it be that amount to a promise to pay  at commonlaw it have be adjudge that a acceptance of a bill of exchange will  bind the acceptor though not make accord to the tenor of the bill draw as a  acceptance to pay secundum course billae after the bill be lapse be a bind  acceptance salk Carth a so a acceptance for a long time than the bill be draw  be bindingMolloy de jure Marit b the case of Weathercoffe modern v KeeneEaster  Geo a bear two argument and be adjudge in Michaelmas term in the six year of  George the second that a acceptance of a bill in part be good and shall bind  for no more than the part so accept and Lord chief justice Eyre think a  acceptor must answer only for so much as he have accept for he be bind by his  own acceptance a man be not tie down to a general acceptance but may accept a  bill under what restriction he please as to pay part in money and part in bill  which be the case in comb where it be prove by merchant that there may be a  qualification of a acceptance for he who may refuse a bill in toto may in part  and may accept it for part if the person to who the bill be Payable will agree  to take it so but it be in his power either to agree to such acceptance or to  return the bill so also a person may accept a bill conditional which be the  case of Corr v Coleman mich term Geo Cun on bill of exchange b a foreign bill  of exchange be draw upon the defendant Coleman and be return for want of  acceptance Coleman then say if the bill be bring back I will pay it which be  adjudge by the court a good acceptance though a conditional one and we be of  opinion that if a drawer accept to pay part of a bill only he shall not be  charge with the unaccepted part but the drawer shall be security for and  answer that therefore upon the authority of these case and the reason of the  thing the rule for arrest judgement must be discharge see Banbury v Liffett  stram Julian v Shobroke will sprout v matthews term Rep c