case lumley against palmer approve windle v Andrews b Ald see Hindhaugh v  blakey c p d a parole acceptance be sufficient in a action against the  acceptor of a bill of exchange SC b r h SC stram SC Bac Abr action against a  acceptor of a bill of exchange try before Lord Hardwicke in London this term  upon the evidence it appear to be a verbal acceptance only which Lord  Hardwicke think sufficient the statute Ann c S he say make a acceptance in  write necessary only for the purpose of charge the drawer on protest with  damage and interest and not to bar the party from charge the acceptor and by  no other construction can the nine section of that Act be reconcile there be a  verdict for the plaintiff with liberty give to the defendant to move the court  darnel sergeant move for a new trial and cite the case of rea v maggot at the  sit after last term in the common plea where his client be nonsuit for this  objection it be agree that Lord Raymond always rule it in the same manner Lord  Hardwicke do this Lord Hardwicke chief justice say it be much to be wish the  court of westminsterhall be more uniform in their resolution especial in case  which occur so often and which be of such universal concern and adjourn the  determination of it until be bad confer with chief justice Eyre n b the case  of Erskine v Murray Michaelmas term Geo stram SC ld ray b be cite which be a  action against a acceptor of a bill of exchange demurrer to the declaration  because the acceptance be not lie to be in write and the objection overrule  Lord Hardwicke chief justice say he think that case no authority one way or  other in this case for though a acceptance in write shall be necessary yet it  need not appear on the declaration but it will be sufficient to give it in  evidence which construction have prevail on the statute of fraud in regard to  thing require to be in write adjourn in order final to settle this point it be  order to be argue and the court be final of opinion that the direction in the  present case be right and therefore order the postea to the plaintiff stram  see also Julian v Shobroke will r pillam v van microp burr Sproat v matthews  term Rep c modern er p