case pickering vers Appleby in c b whether a contract for ten share of stock  be within the stat car which enact that no contract for the sale of any good  for the price of or upward shall be allow to be good except the buyer shall  accept c Eq Abr pl SC vin Abr title contract h pl stock a p p wms Sel case in  Chan p this be a action of assumpsit for for ten share in the stock of the  governor and company of the coppermines in England transfer and sell by the  plaintiff to the defendant and there be another count in the declaration for  good and merchandise sell and deliver and another count that the defendant in  consideration that the plaintiff take upon himself to deliver and transfer ten  share of the say stock to the defendant the next transfer day super see  assumpsit to loosen super translation ind c the defendant plead non assumpsit  and upon the trial there be proof make of a contract for ten share of the say  stock for but there be no memorandum in write of the contract or any earnest  pay and there be a doubt upon the word of the stat saint car c S a car whether  the plaintiff shall recover the statute say that no action shall be bring to  charge any person upon any agreement in comens er p consideration of marriage  or upon any contract for the sale of land tenement or hereditament or any  interest in or concern they or upon any agreement not to be perform within the  space of one year from the make u Le S the agreement upon which such action  shall be bring or some memorandum or note thereof shall be in write and sign  by the party to be charge therewith or some other person thereunto by he  lawful authorize and in another clause comens no contract for the sale of any  good ware and merchandise for the price of or upward shall be allow to be good  except the buyer shall accept part of the good so sell and actual receive the  same or give something in earnest to bind the bargain or in part of payment or  that some memorandum or note in write of the say bargain be make and sign c as  above and upon the trial before king c j it be doubt whether the share in the  stock of this company be within the purview and intent of that statute and  therefore it be make a case and argue before the court of common plea and  afterward at sergeantsinn before all the judge of England and I insist at  sergeantsinn that the word of the statute extend to all contract for the sale  of good ware or merchandise and share in such a corporation be merchandise  commodity be whoever to sell to be able every personal thing for which  merchant traffic may be call merchandise trover lie for muscheats monkey  parrot for they be merchandise cro Bulst SC and for negro holt chief justice  declare in the case of chamberlain v Harvey raym that trover will not lie for  a negro and deny the authority of butt v penny lev it be adjudge however in  the common plea in the case of jelly v Cleve that trover will lie for negro  upon the ground of their be heathen and that therefore a man may have property  in they it be say that the court without averment make will take notice that  they be heathen ld raym for the same reason lev keb S c Freem a lev and though  there be a doubt whether trover lie in the case of smith and gold salk l raym  S c I l raym Mod b yet the doubt arise only on the nature of the property of a  negro so the word good be of a large extent if a man grant in all respects  good svan all his personal chattel pass roll emblements not sever may be levy  upon a become fac de good catallis so trover lie for a bind cro cro car roll  and for letter patent hard III and the plaintiff may declare that he be  possess de good catallis sequen videlicet to make one scribe obligate to make  one warranto c Mod but it can be deny that these share be personal estate they  may be attach if a man trade in they he shall be a bankrupt so rule in the  court of king bench in sir John wolstenholm case and though this judgement be  declare illegal by the statute comens car c that seem to be because sir John  Wolstenholm do not traffic in they but only have a stock in the eastindia  company as any other gentleman may have but there the proviso be that every  person who shall trade traffic or merchandise in any other way or manner than  in the say royal fish eastindia or guinea company shall be liable to a  commission of bankrupt and in the stat W c S a clause be insert that no member  of the eastindia company establish by that Act shall be liable to be a  bankrupt in respect of his stock there only and that no stock in that company  shall be liable to a foreign attachment by which clause it appear that the  parliament think it reasonable by express word to avoid such a construction as  otherwise may have be make concern person who traffic in such stock for if a  man do not traffic but deal only on a particular occasion this do not make he  a bankrupt as if a man provide for the victual of the navy vent keb Freem S c  I show a or have a part in a ship but do not fraught it vent keb S c b side S  c the intention of the Act be to prevent fraud and perjury which be equal  hazardous in contract for stock as for land or any other thing and therefore  the intention of the legislature seem to be aim at all contract if make for  land by the prior clause it be provide that the agreement or some memorandum  or some note thereof shall be in write c and by the latter clause it be  provide for in all contract for good ware and merchandise in which word it may  be well presume that all contract be intend to be include and it be the more  probable that stock be mean to be include because traffic in they be use many  year before that Act and in the case of nun against Scipio hill Feb in  chancery it be express declare by Lord chancellor Cowper that a plea of the  statute to a comens er p bill for the performance of comens a contract for  SouthSea stock ought to be allow which resolution be in point sergeant  Whitaker e contra insist that all contract be not intend to be comprise within  that statute for the word make contract above void except the buyer accept  part of the good sell and actual receive the same or give earnest or some  memorandum of it be in write and therefore though one or other part be  sufficient yet the statute do not extend to contract where neither one nor the  other part can be perform and therefore where part of the good can be deliver  or accept it can be a contract within the statute which extend only to such  thing part whereof may be deliver or accept the transfer of stock at the time  of that statute make be unusual and therefore it be not probable that the  legislature have that in view and although all good ware and merchandise be  mention in the statute yet it do not follow that the statute shall extend to  contract for all sort of good for there be good of which felony can be commit  and it be not probable that it shall extend to they this statute be  introductive of a new law and therefore be to be take strict and shall not be  construe to extend to stock or other choose in action which can be assign to  which it be reply that though the statute say that the contract shall be void  unless the buyer accept part of the good or give earnest or there be some  memorandum in write yet it be not necessary that the thing contract for must  by this statute be such as can be deliver into the other party hand it be  sufficient that part of the good be accept or that there be earnest or some  memorandum be in write and therefore if the good can be deliver if there be  earnest or a memorandum in write it be sufficient if there be a contract for  good to be import in such a ship shall not the contract be within the statute  because the good can be deliver till the arrival of the ship comens but if the  delivery of the good be necessary the assignment be a delivery and the  declaration say for ten share offer for sale trauslat if a assignment be make  it may be accept and till acceptance the transfer be not complete and though  it be say that a choose in action can be assign yet it do not follow that it  be not of the nature of good of merchandise a choose in action may be assign  by the king die b cro roll or may be attach Leon cro Elizabeth roll side but  the judge be divide in opinion it be adjourn