case ex part marshal and other in the matter of hatton a bankrupt June the  saint vide precede case walkin of Bristol have large deal with g of Worcester  who have Hatton now a bankrupt for his correspondent in London it be agree  between g and Hatton that the latter shall answer all draft that Watkin shall  draw upon he on account of g Watkin draw accord upon Hatton for pound who  accept it though he have no effect of g s in his hand the payee on the  acceptors nonpayment apply to the drawer who pay it Watkin apply to be admit a  creditor upon the commission against Hatton the agreement between Garway and  Hatton put the latter to all intent in the same situation as g himself and  therefore though he have no effect in his hand at the time he have by his  agreement make himself liable and Watkin have a right to come in as a creditor  under the commission against Hatton Watkin a merchant at Bristol have large  deal with Mr alderman Garway of Worcester who have Hatton now a bankrupt for  his correspondent in London and it be agree between Garway and Hatton that the  latter shall answer all draft that Watkin shall draw upon he on account of  Garway walkin draw accord on Hatton for pound who accept it though he have no  effect of garway in his hand at the time the payee of this draft upon the  acceptors nonpayment apply to the drawer who pay it Watkin apply to be admit a  creditor under the commission against Hatton the acceptor of the draft and be  admit by the commissioner the assignee of Hatton petition now against this  admission of Watkin as Hatton have no effect of garway in his hand Lord  chancellor I will consider it first as it stand between Watkin and Hatton if  payee receive the money comprise in the draft of Watkin he may bring a action  against Hatton in the name of the payee who will be consider as a trustee for  the drawer or he may bring a action in his own name against Hatton if he have  effect of Watkin at the time of the acceptance sufficient to answer the draft  but if he have not effect but only honour the draft such action can be  maintain or if in this case Hatton have pay it instead of be a debtor to  Watkin he will have be indebt to Hatton pro tanto and so it be determine in  the house of lord a writ of error from the court of king bench but consider it  now as it stand between Garway Watkin and Hatton walkin appear at the time he  draw on Hatton to have have effect in garway hand of more value than the  amount of this draft and as there be such a agreement as I have before mention  between Garway and Hatton the latter be to all intent and purpose just in the  same situation as Garway himself and therefore though he have no effect in his  hand at the time have by his agreement make himself liable atkins the same  rule will hold therefore under a commission of bankruptcy as in a action at  law and upon these circumstance Watkin have a right to come in as a creditor  under the commission against Hatton and therefore the petition of the assignee  must be dismiss atkins er p