case Claxton against swift Hilary term car roll if the endorsee of a bill of  exchange on default of payment by the acceptor recover against the drawer but  do not take out execution this recovery can be plead in bar to a second action  on the same bill by the same endorsee against the last endorse for although he  recover damage in the first action he do not receive satisfaction case on the  custom of merchant on a bill of exchange bring by the plaintiff be the  endorsee against the defendant as the last endorse who plead that the  plaintiff have sue and recover against the original drawer which judgement be  in force the plaintiff demurrer Mr Thompson for the plaintiff argue that the  plaintiff have his election to sue the drawer or the endorse and be not  conclude till satisfaction beside we have lie another custom than that against  the drawer so as they be distinct in the suit which they have plead there be  likewise a indebitatus assumpsit and entire damage give so that it can be  shower KB no answer to we it be a recovery for more and consequent not for the  same thing Mr pollexfen e contra it be the same bill of exchange and the  indebitatus can hurt for this will have be a good plea for the same party then  as to the objection of its be another custom it be true they be several custom  but yet sure a satisfaction by one of they will be a bar and as to the merit  it be true he have his election but by thus bring his action he have make his  election and he shall not now go back to the other for that will deprive some  of they of their remedy this be not a joint action nor can it be bring against  they all suppose a trespass be do by several and the party injure bring a  action against one of they and recover judgement against that one it sound in  damage he can afterward bring a action against any other of they a suppose a  owe money to c and deliver money to b for to pay to c and the money be not pay  and c bring his action against a and recover this money he shall never bring  his action against b because he have determine his election Herbert chief  justice say that satisfaction seem to be the thing that make the difference  Wythens justice election be to choose one or the other and not every one of  they successive now transit in remember judge Adjournatur b