case rogers vers wilson in a contract for stock it must appear by the register  itself to who use the contract be make say Rep Lord raym Str SC Mod SC Lord  raym this be a action of debt upon a bind date the that of July Geo for the  defendant pray oyer upon which the condition appear to be this whereas Ph  brook as executor of f brook be possess of j lottery annuity on the that of  July agree to sell they for to be assign and pay for before the that of August  next and whereas soon after the say Ph brook at the request of the plaintiff  and defendant transcribe they in his own name into the SouthSea now if the  defendant in consideration of a valuable consideration shall transfer to the  plaintiff a moiety of the say stock allow by the SouthSea company for the same  then c and then plead that the contract between the plaintiff and defendant be  for the sale of SouthSea stock which be neither perform nor compound before  the that of September and that neither the bind with the condition and  contract therein contain or any abstract or memorial thereof be register  before the saint of November c the plaintiff reply that be by deed date the  that of October assign the bind and all the benefit of the stock comens c in  the condition mention to William king for his own proper use who register it c  and issue be join upon the register and on the trial at guildhall on the that  of November before Lord chief justice Pratt it appear upon the register of the  assignment produce that the assignment be register and not the bind and the  chief justice say that the bind and condition which contain the contract ought  to have be register then a register of the bind and condition be produce but  it do not appear to who use the contract be make and it be not enough that it  be say in the assignment that it be to the use of the plaintiff though the  assignment be also register for that be only a recital in the deed of  assignment but by the Geo saint S a statute it must appear by the register  itself to who use the contract be make and to this opinion the chief justice  adhere but on the plaintiff importunity permit a case to be make which be  never argue but the plaintiff commence a new action in the common plea upon  which a special verdict be find comens er p