case buller against crips before the pass of the statute whether c a  promissory note be not assignable or endorsable over within the custom of  merchant S c salk a note be in this form I promise to pay John smith or order  the sum of one hundred pound on account of wine have from he John smith  endorses this note to another the endorsee bring a action against he that draw  this note and declare upon the custom of merchant as upon a bill of exchange a  motion be make in arrest of judgement upon the authority of the case of Martin  v clarke but Brotherick will distinguish this case from that for there the  party to who the note be original make bring the action but here it be by the  endorsee and he that give this note do by the tenor thereof make it assignable  or negotiable by the word or order which amount to a promise or undertake to  pay it to any who he shall appoint and the endorsement be a appointment to the  plaintiff holt chief justice I remember when action upon inland bill of  exchange do first begin see Mod a and there they lie a particular custom  between London and Bristol and it be a action against the acceptor the  defendant counsel will put they to prove the custom at which hale chief  justice who try it laugh and say they have a hopeful case of it and in my Lord  north time it be say that the custom in that case be part of the commonlaw of  England and these action since become frequent as the trade of the nation do  increase and all the difference between foreign bill and inland bill isPost b  that foreign bill must be protest before a public notary before the drawer can  be charge but inland bill needs no protest and the note in question be only a  invention of the goldsmith in lombardstreet who have a mind to make a law to  bind all those that do deal with they and sure to allow such a note to carry  any lie with it be to turn a piece of paper which be in law but evidence of a  parole contract into a specialty and beside it will modern er p empower one to  assign that to another which he can not have himself for since he to who this  note be make can not have this action how can his assignee have it and these  note be not in the nature of bill of exchange salk salk c for the reason of  the custom of bill of exchange be for the expedition of trade and its safety  and likewise it binder the exportation of money out of the realm he say if the  endorsee modern bad bring this action against the endorsor it may peradventure  lieWhat action lie on bill of exchange and how bring and against who see hard  Mod lev keb vent keb vent salk Mod note to former edition d for the  endorsement may be say to be tantamount to the draw of a new bill for so much  as the note be for upon the person that give the note or he may sue the first  drawer in the name of the endorsor and convert the money when recover to his  own use for the endorsement amount at least to a agreement that the endorsee  shall sue for money in the name of the endorsor bromwich v lade vide Noy lev  Mod note to former edition a and receive it to his own use and beside it be a  good authority to the original drawer to pay the money to the endorsee and  Powell justice cite one case where a plaintiff have judgement upon a  declaration of this kind in the common plea and that my Lord Treby be very  earnest for it as a mighty conveniency for trade but that when they have  consider well the reason why it be doubt here they begin to doubt too the  whole court seem clear for stay judgement at another day holt chief justice  declare that he have desire to speak with two of the most famous merchant in  London to be inform of the mighty ill consequence that it be pretend will  ensue by obstruct this course and that they have tell he it be very frequent  with they to make such note and that they look upon they as bill of exchange  and that they have be use for a matter of thirty year and that not only note  but bind for money be transfer frequent and endorse as bill of exchange indeed  I agree a bill of exchange may be make between two person without a three and  if there be such a necessity of deal that way why do not dealer use that way  which be legal and may be this as if a have money to lodge in b s hand and  will have a negotiable note for it it be only say thus Mr b pay I or order so  much money value to yourself and sign this and b accept it or he may take the  common note and say thus for value to yourself pay I or endorse so much and  good and the court at last take the vacation to consider of it now by whether  c all note in write make and sign by any person or person whereby such person  or person shall promise to pay to any other person his her or their order or  to bearer any sum of money mention in such note shall be take and construe to  be by virtue thereof due and Payable to any such person or person to who the  same be make Payable and also every such note shall be assignable or  endorsable over in the same manner as inland bill of exchange and the person  or person to who such sum be by such note make Payable may maintain a action  for the same in the same manner as they may do on a inland bill of exchange  make or draw accord to the custom of merchant against the person or person who  sign the same and any person or person to who such note be endorse or assign  or the money therein mention order to be pay by endorsement thereon may  maintain a action for such sum of money either against the person or person  who sign such note or against any of the person who endorse the same in like  manner as in case of inland bill of exchange see brown v Harraden term Rep b  modern er p