case thomas against bishop if a bill of exchange be draw on the clerk of a  public company and he accept it in his own name without say for the company he  be personal liable for the fact of its have be draw and accept on account of  the company can be explain by any extrinsic circumstance as the letter of  advice c SC stram SC bar king b SC Kely SC b r h upon a motion for a new trial  for a misdirection by page justice who try the cause in London to the jury the  case appear to be one Mildmay a servant to the York building modern company in  Scotland draw a bill of exchange for two hundred pound Payable to somervile or  order and the direction of it be to John bishop cashier of the York building  company in Winchester street London and the conclusion of the bill be place  the same to the account of the York building company at the same time a letter  be direct to the company advertise they of this draft upon the defendant  bishop somervile endorse the note to the plaintiff who apply to the defendant  who accept it general in his own name not take any notice of the company upon  the trial page justice be of opinion that the defendant be Chargeable with the  payment of the money and direct the jury accord who find for the plaintiff Mr  strange move for a new trial and insist that there be many circumstance in the  case which will make it appear high probable that the defendant accept this  bill of exchange not jure to appropriate but as a servant to the company as  first the direction of the bill to he with that addition videlicet cashier c  the letter of advice from Mildmay to the company relate to this bill and the  conclusion of the bill videlicet place it to the account of the York building  company and not to the account of the drawer as in the other case that these  be such circumstance in favour of the defendant that it ought at least to have  be submit to the jury as a matter of fact whether the defendant accept this  bill in one capacity or the other darnel sergeant in what right the defendant  accept this bill be not to be refer to a jury by this acceptance of it in his  own name and not as a servant to the company be be become Chargeable with the  payment of it any person may accept a bill though not draw on he and so make  himself liable strange I agree a stranger may accept but then it must be for  the honour of the drawer and so express in the acceptance in order to charge  the drawer afterward Lord Hardwicke chief justice bill of exchange be contract  of a particular nature and they must appear in write and no extrinsic evidence  ought to be admit the drawee of a bill can no otherwise accept than secundum  course billae there be indeed some case where the form of a bill of exchange  be in some measure pursue as by direct money to be pay to a or order out of a  peculiar stock but then it be direct to be pay out of a particular fund they  be not bill of exchange but operate only as appointment to pay money a what be  add to bishop name be not material be descriptive only and the letter of  advice be a private transaction between the drawer and drawee and which modern  no other person can have any knowledge of if any evidence to destroy the bill  itself shall be allow a see jocelyne v Lasserre ld ray fort and Jenery v Herle  Mod ld ray stram modern er p it will be very dangerous for any one to take a  endorsement and will prevent the circulation of such bill in a great measure  the rest of the judge concur and the motion be deny see Dawkes v Deloraine  will SC black Rep Banbury v Lissett stram Haydock v Lynch ld ray a