atkins case Powell senior and junior plaintiff Elizabeth Monnier widow and  executrix of John Monnier defendant may the that see Hindhaugh v blakey c p d  the plaintiff who be partner the d of April receive a bill of exchange from  Charles Newburgh then date and draw on John Monnier for pound to the plaintiff  or order thirty day after date endorse by the plaintiff and negotiate by  several person on the that of April it come into the custody of Lavington and  Paul of Exeter merchant who send up to Monnier the bill of exchange he receive  it and keep it ten day before the same become due without make any objection  and while he have it in his hand write on the leave side of the top thereof No  and at the bottom the that of may which the plaintiff charge be the private  mark or number of bill by he accept and intend to be pay and upon the that of  may the time when Payable Monnier on that day send it back to Lavington and  Paul and refuse to accept it or allow it as so much receive by he on their  account whereupon Lavington and Paul demand and receive the pound of the  plaintiff who can have no satisfaction against Newburgh he have become a  bankrupt and insolvent before the return of the bill the bill be therefore  bring for pound with interest due thereon Monnier die after put in his answer  and the cause have be revive against his executrix it be admit that Newburgh  acquaint Monnier b letter of his have draw the bill and desire he to accept  and pay the same to which Monnier on the that of April write a letter in  answer that the pound bill shall be duly honour and place to his debt it be  insist for the plaintiff that if Monnier have not intend to accept and pay the  bill he shall accord to the custom of merchant have return the same immediate  to Lavington and Paul whereby the plaintiff may have get the from Newburgh who  be then and several day after in good credit and particular in such credit  with the defendant that after the plaintiff bill come to his hand Newburgh  draw another bill of exchange on he for pound three day after date which be  duly pay Mr fazakerly who be counsel for the defendant insist that the suit  here ought not to be proceed upon any further but shall go off to a trial at  law as it be a mere legal question Lord chancellor if Monnier have be live I  shall have be of opinion that the bill ought to have be dismiss but now he be  dead and the suit be revive against his executrix notwithstanding it be a  legal question the plaintiff may bring their bill and by pray satisfaction out  of asset and a discovery of asset it be make a case of which this court take  cognizance any if they retain bill where it be a legal demand they must judge  upon the fact relate to the legal demand and unless those fact be doubIful  will not dismiss the bill and turn it over to a trial at law atkins er p Mr  fazakerly then upon the merit allege that John Monnier keep the pound bill  till the that of may mere in expectation of receive money or effect from  Newburgh to answer it and that in receive it from endorsees he enered it in  his bill book as he constant do all bill he receive whether good or bad and  that it be then enter at or against No and therefore write that figure on the  top of it and that it do not denote the number of bill accept or enter to be  pay by he and that write the that of may denote the day the defendant return  the bill that Newburgh not remit any effect to answer it he return it to  Lavington and Paul that at the time of draw the bill Monnier have not nor have  since have any effect of Newburghs in his hand that when Monnier return the  bill to Lavington and Paul he write to they as follow you remit I Newburghs  bill which I do not pay for reason therefore please to credit I and note pound  the same be due today and let the endorsees reimburse you and therefore upon  all other circumstance this be not such a acceptance as will make Monnier  liable to pay it Lord chancellor the principal question be whether this be a  sufficient acceptance to charge the defendant and if there be any doubt of it  as to the fact or whether in law what have be do amount to a acceptance it may  still be necessary to send the party to a trial at law but I think there be no  doubt of either Monnier when the bill be send to he receive it enter it in his  book as his course of trade be prove to have be under a particular number and  write that number under the bill now it have be say to be the custom of  merchant that if a man underwrite any thing let it be what it will that it  amount to a acceptance but if there be no more than this in the case I shall  think it of little avail to charge the defendant because that matter have be  full explain but what determine ne be Monniers letter by which it appear very  clear that he have accept of it in one he particular mention the pound bill  and say it shall be duly honour and place to the drawer debt nor be there in  his letter to Newburgh or the endorsees one expression that show the least  suspicion of Newburghs credit atkins I think there can be no doubt but a  acceptance may be by letter and have be so determine see Wilkinson v lutwidge  stram also mason v hunt Doug there have be question too whether a parole  acceptance can be good Lord chief justice Eyre hold it may Lord Raymond hold  the contrary and there be a like point before I at nisi prius in the cause of  Lumley and palmer stram S c and I have a case make of it for the opinion of  the court of king bench where it be several time argue and at last solemnly  determine that such acceptance be good much more then must a acceptance by  letter be good as to the plaintiff be entitle to interest I be at first  doubIful whether he can demand any but on read the statute of the d and that  of queen whether chap see I think it a clear case that he be though no protest  for that be make necessary by the act it be requisite only to entitle a payee  to damage against a drawer but do not mention the acceptor of a bill of  exchange and all the damage therefore that can he have in such a case be the  interest Lord chancellor decree the defendant to pay to the plaintiff the sum  of pound together with interest for the same from the time of fill the  original bill at the rate of pound per cent and further order that she shall  also pay to the plaintiff their cost of this suit from the time of fill of the  bill of revivor to be tax Reg lib b fol