case carter against DOWNICH Hilary term James roll a declaration or plea on a  bill of exchange need not state the custom of merchant special but it be  sufficient to say that the party accord to the usage and custom of merchant  endorse the bill to a who endorse it to b c for law a merchant be part of the  commonlaw the judge will take notice of they ex duty SC show SC Carth   light  Inst winch roll Rep hard Yelv cro car salk Bac Abr burr Mod Mod Mod stram ld  ray a covenant to pay so much money to the plaintiff or his assign as shall be  draw upon the new defendant by a bill of exchange c the breach be assign in  nonpayment the defendant plead that the plaintiff secundum law a merchant do  assign the money to be pay to a who assign it to b to who he pay a hundred  pound and tender the rest draw upon by bill of exchange c modern Mr pollexfen  upon a demurrer insist that this be not a good plea because the defendant have  not set forth the custom of merchant without which all these assignment be  void of which custom the court can take any judicial notice but it must be  plead and it be not sufficient to say that the assignment be make secundum law  a merchant but it must be secundum experience a merchant otherwise it be not  good modern er p e contra it be argue that the custom of merchant be not a  particular custom and local but it be of a universal extent and be a general  law of the land Litt a the plead it as it be here be good for if a action be  bring against a innkeeper or common carrier it be usual to declare secundum  law et experience England for it be not a custom confine to a particular place  but it be such which be extensive to all the king people the word custom may  have be add but it import no more than law for custom itself be law if the  custom of merchant have be leave out the defendant bad then pursue his  covenant for if a man agree to pay money to such a person or his assign and be  appoint the payment to another a tender to that person be a good performance  of the covenant   light b but the court be of opinion that this be not a good  plea a writ of error be bring in the exchequer Chamber a d after argument the  judgement of the court of king bench be reverse SC show the judge be of  opinion that they ought ex duty to take notice of the law of merchant because  it be part of the law of the land and especial of this custom concern bill of  exchange because it be the most general of all the custom of merchant S c  Carth see   light Inst Yelv   cro car ld ray Bac Abr burr c