case brown against London a indebitalus plank sit will not lie by a endorsee a  Cfainst the acceptor of a bill of exchange S C keb S lev S C vent S C Freem  ante show Mod Mod Mod Mod Mod salk ld ray ld ray stram pale yellow evidence  that edit Indebitatus assumpsit for fiftythree pound due to the plaintiff upon  a bill of exchange draw upon the defendant and accept by he accord to the  custom of the merchant c after a verdict for the plaintiff it be move in  arrest of judgement that thouorh a action upon the case do well lie in such  case upon the custom of merchant yet a indebitatus assumpsit may not be bring  thereupon winnington I think it do well lie debt lie against a sheriff upon  levy and receive of money upon a execution hob now this be upon a bill of  exchange accept and also upon the defendant have effect of the drawer in his  hand have receive the value for so it must be intend because otherwise this  general verdict can not be find modern Rainsford chief justice this be the  very same with Milton case late in the court of exchequer where it be adjudge  that a indebitatus assumpsit will not lie in this case be add that the verdict  will not help it for though my Lord chief Baton say it be well if the law be  otherwise yet be and we all agree that a bill of exchange accept c be indeed a  good ground for a special action upon the case but that it do not make a debt  first because the acceptance be but conditional on both side if the money be  not receive it return back upon the drawer of the bill be remain liable still  and this be but collateral second because the word onerabilis do not imply  debt three because the case be prim e impressionism there be no precedent for  it Offley who be of counsel for the defendant in the case at bar then say that  he be of counsel for the plaintiff in the exchequer case and that therein  direction be give to search for precedent and that they do search in this  court and in Guildball and that there be a certificate from the atorneys and  prothonotories there that there be no precedent of such a action Adjournatur  Twisden justice I remember a action upon the case be bring for that the  defendant have take away his good and hide they in such secret place that the  plaintiff can not come at they to take they in execution and adjudge it will  not lie it seem that neither debt no indebitatus assumpsit will lie on a bill  of exchange except when there be aprivit between the party as between thepayee  and the drawer or the drawer and the acceptor Mod Ent kid on bill and between  the endorsee and his immediate endorse per Lord Mansfield in Kepenhower v Tims  at n p easter Geo Bailey but there be no privity between the endorsee and the  acceptor hard vent comb the modern practice of proceed on a bill of exchange  be by special action on the case find on the custom of merchant will ld ray  kid on bill