case cut against williams if a declaration contain two count one upon a note  of hand upon the custom of merchant and the other upon a indebitatus assumpsit  and the jury give several damage but the judgement be enter that the plaintiff  recover his damage by the say juror in form aforesaid assess which in the  whole amount to so much c the judgement be void in toto for previous to the  whether c a note of hand be not within the custom of merchant and where one of  several count be bad and a entire judgement be give it can be reverse in part  only SC ld ray SC Mod SC salk SC holt SC lily Ent error of a judgement in the  court of common plea the declaration contain several count and one of they be  upon the custom of merchant upon a note give by the defendant to the plaintiff  promise to pay he so much money several damage be give but there be only one  judgement for the plaintiff below for the several damage it be assign for  error that the count upon the custom of merchant be void and therefore there  be one entire judgement all be void and that the judgement ought to be reverse  in toto and the case of Martin v clerk ld ray SC salk a be quote as a  authority in point note here both the damage be cast up together and judgement  enter for they with a who in toto see moisten to so much that be quod recupere  financial loss svan predict assess who in toto see moisten to so much which  total comprehend both the damage to maintain that the judgement ought to be  reverse only in part the case of Jacob v mill hob b of peck v ambler cro car c  and of rymer v Grimstone more d be urge but on the other side be quote the  case of Lloyd v pierce cro James e a judgement in point to the contrary four  year after where the judgement be distinct and upon distinct law as in dower  where the judgement for recovery of the dower be by commonlaw and to recover  damage by the statute of marlbridge or in a quare hinder for there be  judgement for the church at commonlaw and for damage by the statute and in  that case modern judgement may stand for one and be reverse for the other roll  Abr pl Allen f a action be bring upon several promise and several damage  assess and one judgement give for both and upon a writ of error it appear that  a action do not lie for one of they and therefore the judgement be reverse in  toto keb a the case modern er p of mill v JacobHob SC cro James SC jenk S c  roll Rep SC   Ent b be deny to be law and so be the case of Bernard v Bernard  mich term car in the king bench keb c in the case of antel v oat style SC  Allen d assault and battery be bring against three one whereof be a infant and  all of they appear by attorney and judgement be give against all and it be  reverse in toto because the infant appear by attorney the way have be to enter  a remittitur for that which be not maintainable and take judgement for the  rest keb vent keb sand f but now by whether c all note in write make and sign  by any person whereby he shall promise to pay to any other person or his order  or to bearer any sum of money mention in such note shall be take and construe  to be by virtue thereof due and Payable to any such person to who the same be  make Payable and every such note shall be assignable and endorsable over in  the same manner as inland bill of exchange and the person to who such sum be  by such note make Payable may maintain a action for the same in the same  manner as on inland bill of exchange make or draw accord to the custom of  merchant against the person who sign the same and any person to who such note  be endorse or assign may maintain a action thereon either against the drawer  or endorse in like manner as in case of inland bill of exchange e holt chief  justice it have be hold as you say in the case of Jacob v mill but certain  ever since the court have be of a contrary opinion and there be but two  judgement in the book that favour that opinion of reverse judgement in part I  remember to have beard it debate here many year ago and the court then be of  opinion that it will be bad in the whole for the whole judgement be wrong for  it be for more damage than shall have be recover and not for so much damage  upon one promise and so much upon another promise for if it be so it may  perhaps be several judgement and in consequence one may be reverse without the  other but the judgement here be to recover the damage aforesaid which be the  whole damage Powell justice say he have know the case of Jacob v mill deny to  be law many a time and that there be twenty resolution to the contrary that be  if a remittitur be not enter for part that it will be bad for all for the  judgement be of the whole and they be all of opinion that if one of the  declaration be such on which no damage ought to be recover it will be bad holt  chief justice as to the other point say that be bad propose it to all the  judge and that they be all of opinion that a declaration upon the custom of  merchant upon a note subscribe by the defendant to the plaintiff for so much  money or promise so much money be void for it tend to make a note amount to as  and judgement super ind be reverse in toto by the whole court