CLAVEY and dolbin at same sit to charge a drawee of a bill of exchange there  must be evidence of a contract to accept but evidence that the drawee say he  will help the holder if he can for that he have then some effect which after  the bill have remain in his hand ten day be offer the agent of the bold to  sell and pay himself and that the drawee have desire that the bill shall be  leave in order that he may examine into it be insufficient to prove a contract  to accept action upon a inland bill of exchange against the acceptor and the  evidence of a acceptance be this the bill have be present for acceptance and  refuse by the drawee because he have no effect be return into the country and  a little while afterward the bill be hazardous plaintiff agent meet the drawee  and ask he if he can not help to secure he his debt and be say he will if he  can for he have now some effect in his hand whereupon the agent immediate  write for the bill and present it to the drawee who bid he leave the bill and  he will examine into it and it be leave with he eight or ten day and then the  agent call again and the drawee offer to let he sell some of the effect and  pay himself which the agent refuse and thereupon this action be bring and per  Lord Hardwicke c j indeed it have be adjudge that a parole acceptance will be  good and possible leave the bill ten day with the drawee may of itself be such  a consent as to amount to a acceptance but this not so for you must take the  whole together and there must be evidence of a contract to charge the acceptor  whereas it be otherwise upon this evidence and Lord Hardwicke say that since  the case of Lumley and palmer Michaelmas geo two ante p where a parole  acceptance be hold good and Lord c I Eyre opinion cite to the contrary that he  himself have talk with Eyre and they look into the book together and be change  his opinion and agree to the resolution of Lumley and palmer plaintiff nonsuit  although the mere retention of the bill by the drawee when leave with he for  acceptance for a time far exceed the usage be not in the present case hold to  charge he as the acceptor yet where such retention appear to have be his own  act and not in consequence of the unsought sufferance of the holder or his  agent as in the principal case the retention appear to have be it have be hold  sufficient to charge a drawee and this without impeach the authority of the  principal case see Harvey v Martin I Campb c n p see also east r Esp r c p