case Hodges against steward a bill of exchange Payable to a or bearer be not  assignable S c salk S c salk S c skin S c comb case upon a bill of exchange  the plaintiff declare on the custom of London that where one merchant draw a  bill on himself Payable to another or bearer and the person to who it be  Payable endorses it to a three man the endorsee on refusal of payment may  bring a action against the drawer and say the defendant draw such a bill to f  who assign it to the plaintiff unde to grow progressively c per curium there  be a difference between a bill Payable to I S or bearer and a bill to I S or  order a and one be not assignable by the contract the other be there be no  authority give to assign by the one by the other there be b second this be a  good bill between the endorse and the endorsee for the endorsement be in  nature of a new bill three though there be no averment of the defendant be a  merchant at the time of draw the bill yet the draw the bill be a modern report  sufficient trade and negotiation to this purpose and holt chief justice cite  the case of Sarsefield v Witherley c action against Witherley upon a bill of  exchange be plead that he be not a trader but a gentleman send into France to  travel and for conveniency of a return draw this bill c and judgement be give  for the defendant in the king bench but it be reverse in the exchequer Chamber  because his draw a bill make he a trader within the custom of merchant as to a  bill of exchange fourthly the plaintiff have declare on a special custom for a  bearer to have a action and the defendant have demurrer instead of traverse it  though in truth there be no such custom have confess it and so judgement be  givenfor the plaintiff for though the court shall take notice of the law of  merchant and if a action have be bring upon it that demurrer will not have  conclude the court to give judgement for the plaintiff or force they to  determine a thing otherwise than the law direct yet they can take notice of  custom of particular place d and the custom in the declaration be sufficient  to maintain a action the defendant by confess it by demurrer have give  judgement against himself five a general indebitatus assumpsit will not lie  upon a bill of exchange for want of consideration but a bill be but evidence  of a promise and so but naked bargain and therefore he ought to bring a  special action upon the case upon the bill and custom of merchant or else a  general indebitatus assumpsit for money receive to his use e a see Nicholson v  Sedgwick ld ray b both bill of exchange and promissory note Payable to bearer  be negotiable see whether c Hintons case show grant v Vaughan burr miller v  race burr Minet v Gibson term Rep h Bl Rep kid on bill c show comb d will  stram e see burr and kid on bill modern report er p