case BROOMLEY against Frazier action lie against the endorsee of a bill of  exchange although no demand have be make against the drawer strange salk W b  in new England send a bill of exchange to Frazier draw on r b in London  Frazier direct the bill to be pay to the plaintiff who bring a action against  Frazier modern report Whitaker sergeant in case of a bill of exchange no  action lie against the endorsor until a default in the drawer which default  ought to be set forth in the declaration wear contra it be say that he become  liable by the custom and they have demurrer which admit the custom in a case  in Salkeld holt chief justice say that it be not necessary to be set out in  the declaration Pratt chief justice doubt how the custom be in these case but  it seem to be reasonable that they shall have a immediate remedy against the  endorsor Eyre justice take the endorsor not to be liable but in default of the  drawer and that be the reason of a protest but whether this must be aver in  declaration or not be in doubt fortescue justice the endorsor only warrant the  person who be to pay the bill Adjournatur this term reeves say that the  endorsement be only a appointment to who the bill shall be pay but it make the  payment of the bill only in defect of the drawer the endorsor though liable as  drawer yet only on default of the first drawer salk wear contra by the  defendant direct the bill to be pay to the plaintiff he become drawer as well  as drawee the second endorsee be always liable without aver a defect in the  former for the endorsement be always take on credit of the endorsor the first  drawer be seldom know to the endorsee Mod Lut case of promissory note endorse  differ salk for the endorsement warrant the payment by the drawer salk Pratt  chief justice it be well enough the law of merchant design to distinguish they  from all other contract to advance and facilitate the trade by this law they  be endorse contrary to other contract if the endorsee must go to the drawer  before he sue the endorsor it will prevent all these contract therefore the  endorsor or drawer be to stand liable at the election of the endorsee powys  justice of the same opinion Eyre justice the objection arise from a mistake  relate to promissory note the endorsor of a bill engage payment and the  endorsee to get the payment the endorsee of a promissory note must demand  payment of the drawer and the endorsee of a bill on who draw the case be very  different and what be adjudge in salk relate to a promissory note the endorsor  be in that respect as independent as the drawer and Lambert v pack in salk say  that proof of the hand of the drawer in a action against the endorsor be not  needful modern report fortescue justice civil law make a difference between a  promissory note and a bill of exchange note between two bill between three if  it must be demand of the drawer it must be of every endorsor which may be all  the world over salk be express determine on arrest of judgement the court give  judgement for the plaintiff a see Laurance v Jacob stram Collins v butler  stram Hamilton v mackerel b r h heylin v Adamson burr a