Carthew hussey versus jacob the declaration be of easterterm W m but the plea  be not enter till Trin so that the record be of that term and judgement be  give by b r Trin will Mod SC I salk SC action upon a bill of exchange for  money win at play vide Mod Lutw Ann c the plaintiff Hussey bring a action  against Jacob a goldsmith upon a bill of exchange draw by the Lord chandos  upon the say Jacob for guinea which bill be accept the defendant Jacob plead  in bar that after the that day of September and before the make that bill of  exchange videlicet on such a day the say Lord chandos and the plaintiff Hussey  play together with dice at a certain play call hazard upon tick and credit  without ready money and that the Lord chandos then and there at one time and  meeting lose to the plaintiff the say guinea upon tick and that for the  security of the payment of the say guinea lose as aforesaid the say Lord  chandos on the day and year in the declaration c make the say bill of exchange  and direct it to the defendant request he to pay the guinea ut above and that  the defendant do accept of the say bill and assume upon himself as the  plaintiff have declare quorum praemissor pretense vigor to cause to stand in  eastern grammatical case edit to will the say bill of exchange so by he accept  and the acceptance thereof and the promise of the say defendant so as  aforesaid make to come to be modus are vacuan no one vigor in lege hoc c to  this the plaintiff demurrer and show for cause that it amount to the general  issue and in the argue this case the question in law be whether this bill be  accept and the action not be bring against the person who lose the money nor  upon the first contract but against the defendant who be a stranger to the  game and upon a collateral contract videlicet upon the acceptance of the bill  accord to the custom of merchant be within the intent and meaning of the  statute make against game Carthew and it be argue that if this case shall be  take to be within that statute it will very much endanger the credit of  English bill of exchange if they may be defeat by such collateral matter for  it will be injurious to the public trade of England both foreign and domestic  say per curian the plea be good both as to the matter and form and that it do  not amount to the general issue and this not a rule that because such a matter  may be give in evidence therefore it ought not to be plead special for it  often happen to be in the election of the defendant either to plead it special  or not as he shall be advice as for instance the plead a release coverture or  infancy in a assumpsit be certain good and yet those thing may be give in  evidence upon non assumpsit lead however the defendant sometime may not be  Willing to put such matter of law to the judgement of the jury or perhaps may  design to save the cost of a special verdict and as to the inconveniency  concern trade there can be none in this particular case because the bill be go  no further than to the first hand videlicet to the hand of the plaintiff  Hussey who win the money and so no damage can here accrue to any person but to  he who be certain a person within the statute but if this bill have be  negotiate and endorse to any other person for value receive then it may have  another consideration judgement for the defendant car cap see I vent Mod side  lev keb Carthew er p