case HINTONS case in a action against the drawer of a bill of exchange Payable  to bearer the plaintiff must prove a consideration pay for it case on a bill  of exchange against the drawer the bill not be pay and Payable to I S or to  the bearer the plaintiff bring the action as bearer and upon evidence rule by  Pemberton chief justice that he shower KB must entitle himself to it on a  valuable consideration though among banker they never make endorsement in such  case for if he come to be bearer by casualty or knavery he shall not have the  benefit of it a a see Jones v marsh term Rep a in the case of Hodges v steward  easter term will mary the holder of a bill of exchange Payable to bearer be  permit to recover against the drawer because a custom that such a bill be  assignable be allege in the declaration and confess by the demurrer skin and  the way and manner of trade in particular place may be take notice of ford v  Hopkins salk although there be no such custom clerk v Martin salk Powel v  Pearson but it be afterward hold that the bearer of a note Payable to a  particular person or bearer can not on the general custom maintain a action  thereon in his own name against the maker Nicholson v Sedgwick ld ray Walmsley  v child vezey for it be only evidence of a debt Meredith v Chute ld ray on  this doubt whether note of hand or inland bill of exchange whether Payable to  order or to bearer be within in the custom of merchant it be enact by will c  that inland bill shall be put upon the same foot with foreign bill bull n p  and by Ann c that all note in write whereby the drawer promise to pay any  other person or order or unto bearer any sum of money it shall be take to be  due to any person to who the same be make Payable and be assignable and  endorsable over and recoverable in the same manner as inland bill of exchange  be accord to the custom of merchant this statute however be hold to make a  note of hand even when Payable to order only evidence of a valuable  consideration brown v march gilbert Eq Rep h Bl Rep and it be doubt whether a  note when make Payable to bearer be negotiable within the meaning of the  statute morris v lee Mod stram ld ray but it be now settle in the case of  grant v Vaughan Trinity term Geo that note Payable to bearer be by law  negotiable and that the bearer of they may maintain a action as bearer where  he can entitle himself to they on a valuable consideration burr Bl Rep shower  KB er p