case morris against lee a promissory note in these word I promise to account  with t S or his order for fifty pound value receive c be a negotiable note  within the statute Ann c S c stram S c ld ray a action be bring against the  drawer by the second endorsee upon a note give in these word I promise to  account with t S or his order for fifty pound value receive by I c after a  verdict for the plaintiff it be move in arrest of judgement that this be not a  good note within the statute Ann c it be plain it be not within the word of  the statute for those be all note sign after the first of August by any person  promise thereby to pay to another c or order or bearer c shall be assignable  and the drawee or endorsee to who the money be Payable may maintain his action  for the same against the drawer or endorsor now this note be not negotiable  because the promise be not to pay money but to account and in all promissory  note the drawer must be a absolute debtor otherwise they can be negotiate but  in this note be be not a debtor original though he may be so when the account  be state so this may be modern report er p between merchant and factor and  therefore if the drawer have apply this money as factor to t S he may have  avoid the payment of the money by that mean in the case of smith v boheme a ld  raym a in the first year of George the first it be resolve that where one  promise to t S to pay seventy pound or to surrender the principal this be not  a note assignable within the statute for it be not negotiable ab origin and  shall never be make good by consequence modern report it be say on the other  side that this be a good note within the statute and if so the action be well  bring by the endorsee it be true it be not within the very word of the Act of  parliament but the statute ought to be favourable construe because it be make  for the advancement of justice and for the ease and benefit of trader it be  like the construction which have be make on the statute of waste where the  word be ex dimission but it have be resolve that estate ex provision law  videlicet estate by the courtesy or in dower be within the equity thereof  beside the note itself have the badge of a promissory note for it be to be  Accountable to t S or his order which word Accountable be not so very  uncertain a salk a for it be lie in the declaration upon a express promise and  therefore good after verdict especial since the statute do not prescribe any  set form of word in which these promissory note be to be draw the case of  smith v boheme b ld raym b and so likewise the case of Appleby v Biddolph c  bull n p c where the note be in these word I promise to pay to t m so much  money if my brother do not pay it within such a time in both which case  judgement wonder S arrest after a verdict be authority not applicable to the  principal case because the drawer be not the original debtor but may be a  debtor upon a contingency modern report Raymond chief justice the Act of Ann c  be a remedial law and to be extend in construction as far as in reason we can  the expression use for these note always vary it be sufficient if the  substance of the note be a promise to pay money a employment of this money in  factory may have be give in evidence as a excuse for the nonpayment the  contrary of which be now to be suppose since a verdict be find for the  plaintiff fortescue justice the court will construe this note as a note for  payment of money for a note to account to I or order be absurd I have see  several promissory note draw in this form a man that receive money to account  for do not receive the money as a duty but as a trust therefore no indebitatus  assumpsit lie without show some misapplication or breach of trust beside this  note be for value receive if there have be no verdict I shall have think this  a good promissory note but the verdict have put it beyond all dispute because  now a promise to pay be find a promissory note in this form have be good I  promise that I S or order shall receive a hundred pound the case of smith v  boheme be no promise to pay at all but to pay or surrender No precise form be  require for these note or for bill S of exchange a bill of exchange may be  between two person I promise to pay to myself or to my order this be a debt be  for value receive and not say on account whereas a receipt of money to account  create a trust how can a four or five endorsee account with the defendant  Reynolds justice this have be a good promissory note within the statute have  there be no verdict No form be prescribe by the statute the objection that  have be general take to promissory note have be that the money have be Payable  only out of or upon the credit of such a particular fund and not dependent on  the credit of the drawee as Jocelin v la serre d fort Mod d a promissory note  to be responsible for a hundred pound will be a good promissory note within  Ann c the court give judgement for the plaintiff modern report er p