Brunetti versus levuin Trin James two b r rot Lutw SC after a verdict a thing  shall be intend to be do though not certain set forth in the declaration the  case sacred scripture Abraham Henriques valentini reside in Leghorn in Italy  draw four bill of exchange all of the same date and for one and the same sum  of money the second to be pay if the first be not and so on accord to the  custom of merchant and all direct to James Abendano to pay to Francis Brunetti  the plaintiff piece of eight at usance c the first bill be present to Abendano  who refuse to accept it whereupon that bill be protest before a notary public  for nonpayment accord to custom c thereupon the defendant levuin have notice  of the protest he for the honour of Abraham Henriques the drawer subscribe a  note by which he undertake the payment of the money on the day of the bill  return if not pay by Abendano upon which Brunetti the plaintiff endorse this  second bill for value receive unto Alvarez de Costa and be in like manner to  Menuel de Vega and he to Angelo Carthew Rezzinico and he to Jacob argas and be  to Jeranimo Parenzi all for value receive at the day of the return Abendano  still refuse to accept the bill whereupon another protest be make on the  second bill so endorse as aforesaid by the person before mention thereupon  Peter Antonio Brunetti and Lucas Antonio Brunetti hear of this last protest  pay the money pro honor of Francis Brunetti the first endorse but do not say  that he pay it to Jeranimo Parenzi the last endorsee and of all this matter  levuin the defendant have notice who have subscribe c pro honor of Abraham  Henriques the drawer and so he become Chargeable to the plaintiff for so much  for who honour the money be pay and who stand liable for so much to his friend  who pay it and this by the custom of merchant and for nonpayment this special  assumpsit be bring set forth all the say matter upon non assumpsit plead the  plaintiff have a verdict and judgement and thereupon a writ of error be bring  in the exchequerchamber and there the only error insist on be for that the  declaration do not set forth in certain to who Peter Antonio Brunetti and  Lucas Antonio Brunetti bad pay the money for this only say general that they  to loosen the aforesaid piece of eight but not to who in particular and so it  may be pay to another and not to Parenzi the last endorsee to who alone it be  due and if so the defendant still remain liable to he say per curian after a  verdict as in this case it shall be intend that the money be pay to the right  party especial since this lie to be pay ex part of the plaintiff which can not  be if it have be pay to a stranger wherefore the judgement be affirm notam the  same exception be take in b r in arrest of judgement but disallow whereupon  this writ of error be bring the judgement affirm