case the African company against bull a custom of merchant that in subscribe a  policy of insurance the underwriter in the order they subscribe shall be  liable to the amount of the loss and that the subsequent underwriter shall  return the premium and be exonerate from responsibility be good SC pale yellow  a plea amount to the general issue be bad on demurrer but good after verdict a  action on the case be bring by the plaintiff upon a policy of assurance the  defendant plead a custom of merchant that if any write or policy of assurance  be make and subscribe upon any kind of good on board any ship such good be to  be deem upon account and if such a number of assurer shall subscribe such  write to pay diverse sum of money as shall amount to the value of the good  mention to be assure then all other ensurers that shall subscribe after such  number by which the money so subscribe amount to the value of the good be use  to be discharge from payment of the sum they subscribe though such good be  whole lose and be to return their premium that the policy in the declaration  be upon account that the good the plaintiff have on board be worth but that  twentythree man have subscribe one hundred pound each c that the defendant be  the next subscribe that by reason of those subscription before his he be  discharge from his promise c and bind to pay back his premium and do offer the  samme c the shower KB plaintiff reply that if any such a number subscribe  shower KB er p to the value and none prove insolvent then to be discharge  without hoc that there be any such custom as the defendant have allege and  issue be join upon it and at the trial they prove it very plain and full by  all the exchange and that there be never a instance to the contrary but one  payment on purpose since the action commence that where the policy be upon the  account and not upon good value certain or value blank the last subscriber be  not bind as in the latter case they be and we have a verdict for the defendant  levins sergeant move in arrest of judgement that this be a impertinent plea  and the custom unreasonable that any shall be discharge till satisfaction of  the whole loss when some prove insolvent I answer he that as to the plea  though ill on demurrer yet it be good after issue join and try at most it do  but amount to a general issue and that shall have be show for cause on a  demurrer but here be a verdict if non worthy of blame be plead to a assumpsit  it be good after verdict so payment without acquittance to debt on a single  bill nil debet to trespass be not proper to trespass and therefore ill but if  the plea have the colour of a bar and do not contain matter of bar as accord  without satisfaction it be good Yelv cro Elizabeth more cro more beside we do  give this in evidence as we may on the general issue but their importunity  impose on the court that we ought to have plead it and we be force to pay  twentyfour pound cost for this liberty and by consent in a rule we do it then  as to the reasonableness of the custom it be high so for it be equal between  insure and insurer for the last subscriber return their premium except ten  pound for subscribe if there be no loss when the value of the good amount not  to reach they nor be the first subscriber at any disadvantage for they keep  their premium if the good come home safe when we return we and in truth those  to who the value will not reach be never oblige and as to the insolvency of  some we answer that each in insurance do only engage for his own sum and to  make good the loss of good so far as the sum he subscribe amount to not to  make good other insolvency and there never be a custom better prove for if ten  subscribe one hundred pound each and the good be nine hundred and fifty pound  the last stand at half loss this shower KB be prove if no good come home the  insurer have all his premium return and so it be for his advantage to have  this custom preserve and these kind of insurance be make upon account when a  merchant do not know whether his factor will send home any good or how much  curian the plea be ill if upon a demurrer but good after issue join and you  put they upon it and the custom be reasonable and per totan curian judgement  for the defendant shower KB hilary term the second of William and mary in the  king bench sir John holt Knt chief justice sir William dolben Knt sir William  Gregory Knt sir Giles eyres Knt justice sir George Treby Knt attorney general  sir John summer Knt solicitor general