case DEHERS and other against harriot a bill of exchange be make Payable to a  who endorses it to b who endorses it to c which be protest for nonpayment b  may bring a action on this bill notwithstanding his endorsement case on a bill  of exchange and on the trial a doubt arise my Lord chief justice holt reserve  the consideration of it afterward at his chamber the case be a draw a first  and second bill of exchange Payable by himself in Dublin to b or order for  value receive of he b sometime after the say bill be due negotiate the same  with the plaintiff and endorse it to the say plaintiff by order for value  receive a keb b   more c dyer d Herne pleader e Rastals entry f brown modus to  go into pt p g Vidians entry page h it be say SC Carth to have be hold that  the action be well bring against both the sheriff shower KB er p of he the  plaintiff on the same day endorse the say bill to d live in Dublin where the  bill be Payable which endorsement be as follow pray pay to d value on my  account sign by the plaintiff the first of the say bill be at the same time  send away to d and in its carriage be lose and a three bill not be to be have  the drawer a be absent and go into Ireland least the second bill shall  miscarry as the first do a exact copy of the second bill be send to the say d  and demand of payment be thereupon make the same be refuse because the money  be seize by Tyrconel and a protest be make upon that copy for nonpayment  wherein the party that be to pay the bill give for his answer that the money  he design for the discharge of the say bill be attach in his hand and  therefore he can not pay it which protest be produce by the plaintiff together  with the say original second bill shower KB the first objection be that the  plaintiff can not bring the action because by the endorsement to d the  interest in the say bill be transfer I urge that accord to the custom of  merchant the endorsement be make for the account of the plaintiff and d if he  can be to receive the money for the plaintiff as his servant and we have prove  that d have no interest in the money the endorsement restrictively without  order be a material circumstance among merchant to conclude that the  endorsement be intend and make for the account of the plaintiff and the word  value on my account do imply it and by the custom of merchant the protest for  not payment be make return to the plaintiff though the bill have be for the  account of d he the plaintiff be a endorse and possess of the say original  second bill and protest have right in his own name to sue and receive the  money from the defendant and upon payment sufficient to discharge he and to  this do abundance of merchant subscribe their name and testimony then the  plaintiff go from this to another objection videlicet whether a protest can be  make upon a copy to which I answer that twenty merchant attest their custom to  be that in such a case of necessity as this where a three bill can not he have  from the drawer a and one be casual lose in carriage a protest may be upon the  copy especial where the refusal of payment be not for want of the original  bill but mere for another cause so that the party who be to pay do not insist  on the original bill to be deliver he and accord my Lord be of that opinion  and we have judgement for the plaintiff note that some merchant say that if a  bill be negotiate by endorsement after the bill be Payable no need of a  protest at all other that a protest must be in some convenient time all agree  that if there be a acceptance the protest must be at the day of payment if at  sight then at the three day of grace and that a bill negotiate after day of  payment be like a bill Payable at sight they all agree that if a bill be lose  and the drawer may be resort to for a new bill then no protest can be upon a  copy but where a bill be lose and do new one can be have and the party do not  insist to have the original bill but refuse payment for another reason there  such protest make upon a copy for nonpayment be good see the print case of my  client it be say by they shower KB that in France if a bill be not present in  two month the drawer be not answerable and in holland in so many post