case gregory vers WALCUP in b r a acceptance to pay a bill of exchange accord  to the tenor make after the time appoint for its payment be a general  acceptance to pay upon demand ld raym SC salk SC Mod SC salk ld raym SC Mod SC  Carth S c this be a action upon a bill of exchange and the plaintiff declare  that one Milburn draw a bill of exchange upon George Walcup in London to be  pay to the plaintiff order at double usance at Amsterdam and the bill be date  on the that of comens er p October and by that the double usance expire on the  that of December and by the custom of merchant the person upon who a bill be  draw have three day of grace for the payment in England and eight day of grace  in holland the bill be tender to Walcup on the that of December who accept it  by which he become liable super hoc pillage the defendant the same die year  super see assumpsit quod ipse pillage denarius in eaden billa content eiden g  bene to loosen contentare vellet secundum course execution billae pillage and  it be move that this be ill by sir Barth shower and do you for the bill be not  tender or accept until the that of December which be the last day for the  payment then as the defendant promise as it be allege on the same day accord  to the effect of the bill it be a thing impossible for the payment be to be at  Amsterdam which can not be on the same day and therefore the plaintiff have  not declare well for he ought to have say that by comens the custom of  merchant if a bill be accept the acceptor oblige himself to make payment to  the person who tender it c and sir Barth shower say that it be prove at the  trial by a public notary that if a man accept a bill Payable at Amsterdam he  ought to assign a house wherethe money ought to be pay otherwise it be not a  good acceptance but the bill may be protest and if this bill have be tender  within the term of the double usance and no house for the payment at Amsterdam  assign it may have be protest but after the usance be expire he doubt whether  such protest can be make but it be say on the other side and resolve by the  court that judgement shall be for the plaintiff for the allegation of any  promise for payment be not needful for the acceptance be a actual assumption  and the declaration need not allege more and although some house where the  money ought to be pay at Amsterdam shall be name otherwise the party may  protest the bill yet if it be accept the acceptor become liable thereby and  holt c j say that if a bill of exchange be draw upon a man who refuse it a  stranger may accept it for the honour of the drawer and by such acceptance he  become liable show comb Mod bull Ni Pri edit p a