ISSORY NOTES. and the sum of money in the said last-mentioned note specified, being and oN PROMremaining wholly unpaid and unsatisfied, he the said defendant, in consideration thereof, afterwards, and after the death of the said E. F. to wit, on, &c. (g) at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff as executor (or “as administrator as aforesaid") to pay him the said sum of money in the said promissory note specified, according to the tenor and effect thereof.-[Add other common counts, as directed ante, 102, and conclude with profert of probate, as ante, 102, or letters of administration, as ante, 110.] [Proceed to the end of the note, and liability and promise to pay testator, The like in as ante, 140, and then as follows:]—And the said plaintiff in fact says, that another form, staafter the making of the said note, and before the payment of the sum of ting the money therein specified, to wit, on the day and year aforesaid, at, &c. afore- probate. said, the said E. F. died, having duly made and published his last will and testament in writing, and thereby constituted and appointed the said plaintiff executor thereof, after whose death, and before the payment of the said sum of money in the said note specified, to wit, on the day and year aforesaid, at, &c. aforesaid, the said plaintiff duly proved the said last will and testament of the said E. F. and took upon himself the burden of the execution thereof, of all which said several premises the said defendant afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, had notice; and thereupon the said defendant, in consideration thereof, then and there, and before the payment *of the said sum of money in the said note specified, to wit, on the day and [*142 ] year aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff, as executor as aforesaid, to pay him the said sum of money in the said note specified, when he the said defendant should be thereunto afterwards requested.-[Add counts, as directed in the last precedent.] executor or admin maker. [For commencement against executors and administrators, ante, 106. 112.] Payee -For that whereas the said E. F. in his life-time, to wit, on, &c. at, &c. against the made his certain promissory note in writing, bearing date a certain day and year therein mentioned, to wit, the same day and year aforesaid, and thereby istrator of then and there promised to pay, two months after the date thereof, to the said plaintiff, or order, the sum of £50 for value received; by means whereof, and by force of the Statute in such case made and provided, the said E. F. in his life-time, then and there became liable to pay to the said plaintiff the said sum of money in the said promissory note specified, according to the tenor and effect of the said promissory note, and being so liable, he the said E. F. in his life-time, in consideration thereof, afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said promissory note specified, according to the tenor and effect of the said promissory note.— [Then add counts on the consideration of the note, and the money counts, on promises of the deceased, and breach against an executor, as ante, 106, and (g) Some day just before the commencement of the action. ISSORY ON PROM- against an administrator, as ante, 112. If it be material to give in evidence a promise or admission of defendant since the death, add counts accordingly, and which may be framed nearly as in the last precedent.] NOTES. By payee For that whereas the said defendant, heretofore, to wit, on, &c. (date of of a check check), at, &c. (venue) according to the usage and practice of merchants, against drawer(h). made his certain draft or order in writing for the payment of money, commonly called a check on a banker, bearing date a certain day and year therein mentioned, to wit, the day and year aforesaid, and then and there directed the said draft or order to certain persons by the names, style, and firm of Messrs. E. F. and G. H. (as in check), and thereby then and there required the said Messrs. E. F. and G. H. to pay to the said plaintiff or bearer 501., and then and there delivered the said draft or order to the said plaintiff and the said plaintiff avers, that after the making of the said * draft or order, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, the said draft or order was presented and shown to the said Messrs. E. F. and G. H. for payment thereof, according to the said usage and practice of merchants, and they were then and there requested to pay the said sum of money therein specified, according to the tenor and effect thereof; but that the said Messrs. E. F. and G. H. did not, nor would, at the said time when the said draft or order was so shown and presented to them for payment thereof as aforesaid, or at any time afterwards, pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused so to do, whereof the said defendant afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, had notice; by means whereof the said defendant, then and there became liable to pay to the said plaintiff the said sum of money in the said draft or order specified, when the said defendant should be thereunto afterwards requested; and being so liable, the said defendant, in consideration thereof, afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said draft or order specified, when he the said defendant should be thereunto afterwards requested. of a check against drawer. [*144] *For that whereas the said defendant, heretofore, to wit, on, &c. (date of By bearer check) at, &c. (venue) according to the usage and practice of merchants, made his certain draft, or order, in writing, for the payment of money, commonly called a check on a banker, bearing date a certain day and year therein mentioned, to wit, the day and year aforesaid, and then and there directed the said draft or order to certain persons, by the name, style, and firm, of Messrs. &c. (as in check) and thereby then and there requested the said Messrs. &c. (h) See Chitty on Bills, 7th edit. 322, 51. in Mills v. Oddy, 3 Dowl. 722. -See Form, id. 496. See a recent form to pay to one E. F. or bearer, £50, and then and there delivered the said draft or order to the said E. F.; and the said E. F. to whom, or to the bearer of the said draft or order, the payment of the said sum of money therein spcified, was thereby directed to be made, after the making of the said draft or order, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, duly transferred, assigned, and delivered the said draft or order to the said plaintiff, who thereby then and there became and was, and from thence hitherto hath been, and still is, the lawful bearer (i) thereof, and entitled to the payment of the said sum of money therein specified, and the said plaintiff avers, that after the making of the said, &c.—[As in the last precedent, from the asterisk to the end.] ON CHECKS. III. ON INLAND BILLS OF EXCHANGE (j). ON INLAND CHANGE. a bill ac or his [Commencement in K. B. C. P. or Exchequer, as directed ante, 12 to 20.] Drawer -For that whereas the said plaintiff, heretofore, to wit, on, &c. (date of bill) against acat, &c. (place where bill dated (1)) that is to say, at, &c. (venue) according to ceptor, on the usage and custom of merchants, from time immemorial used and ap- cepted geproved of within this kingdom, made his certain bill of exchange, in writing, nerally by bearing date the same day and year aforesaid (m) and then and there directed defendant, the said bill of exchange to the said defendant (n), and thereby and then and agent (k). there requested the said defendant (o), (two) months after the date thereof, to [*145] pay to the said plaintiff, or his order, the sum of £50 (p), for value received (q); which said bill of exchange the said defendant, afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants (r); by means whereof, and according to the said usage and custom of merchants, the said defendant, then and there became liable to pay to the said plaintiff (i) According to the form and observations in Mills v. Oddy, 3 Dowl. 722 and 726, it suffices to state a delivery to the plaintiff, without averring that he is the bearer. (j) The Pleader should observe that the following Precedents on bills are framed upon bills as usually drawn-but bills frequently vary in form, and in such cases care should be taken not to follow the above precedents too closely for fear of a variance. (k) The notes in the preceding precedents on promissory notes will, for the most part, be here useful and applicable. (1) This however is not necessary in case of an inland bill. 3 Campb. 304.-Chitty on Bills, 7th edit. 486, n. (d).—Bayley, 175. If the bill be drawn at Dublin in Ireland, it should be so stated, 2 B. & A. 301.-1 B. & C. 16.-2 D. & R. 15. S. C. (m) If the bill has no date, or it be doubtful, omit the words "bearing date," &c. 6 M. & S. 73. VOL. II. 14 (n) Though usual, it is not necessary to state the address of the bill in an action against the acceptor, unless he is misdescribed therein, ante, 115, note (ƒ). 3 J. B. Moore, 91. (0) The direction to the defendant need not be noticed. 3 J. B. Moore, 91. 8 Taunt. 739, S. C. (p) See ante, 115, n. (ƒ) (9) See ante, 115, note (g), as to what is a variance. The statement of the delivery to the acceptor is untechnical in an action against him, but not demurrable, 5 East, 476. (r) An acceptance by agent may be described as made by the party himself, 2 Campb. 604. If the acceptance be dated on a day different to the date of the bill, it should be described accordingly. By the 1 & 2 Geo. 4. c. 78, an inland bill must be accepted by writing the acceptance on the face of the bill, but there is no necessity for stating in the declaration that it was so accepted. 6 Bingh. 529. ON INLAND the said sum of money in the said bill of exchange specified, according to BILLS the tenor and effect of the said bill of exchange, and of his said acceptance CHANGE. thereof; and being so liable, he the said defendant, in consideration thereof, OF EX The like on a bill with a afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said bill of exchange specified, according to the tenor and effect of the said bill of exchange, and of his said acceptance thereof.-[Insert counts upon the consideration of the bill between the plaintiff and defendant, and all the money counts, count for interest, account stated, and breach, laying the day after the bill was due, and just before the action was commenced.] For that whereas the said plaintiff, heretofore, to wit, on, &c. (t) at, &c. according to the usage and custom of merchants, *made his certain bill of exwrong date change, in writing, bearing date by mistake the (3). By drawer ment that day of A. D. but then and there meant, intended, and understood by the said plaintiff and the said defendant to be dated on the said, &c. (u) and then and there directed the said bill of exchange to the said defendant, and thereby then and there requested, &c.-[Proceed as usual.] [State the bill payable to drawer's order, and the acceptance, as ante, 144, of a bill, and then proceed as follows :]—And the said plaintiff avers that he hath not, at payable to his order, any time since the making of the said bill of exchange, hitherto made any order with aver for the payment of the said sum of money in the said bill of exchange specihe made no fied, or any part thereof, to any other person or persons whomsoever, whereof order (w). the said defendant, afterwards, when the said bill of exchange became due and payable, according to the tenor and effect thereof, to wit, at, &c. had notice; by means whereof, &c.—[State liability, and promise to pay, according to the tenor and effect of the bill, as ante, 145.] Drawer ceptor on a bill paya [As in the precedent, ante, 144, to the statement of the acceptance, exclusive, against ac and then proceed as follows:]—Which said bill of exchange the said defendant, afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, ble at a upon sight thereof accepted, according to the said usage and custom of merparticular place (x). chants, payable at (Sir James Esdaile and Co.'s bankers, London, as in the bill;) and the said plaintiff avers, that afterwards, and when the said bill of exchange became due and payable according to the tenor and effect thereof, [*147] to wit, on, &c. (y) at (z) the said Sir James Esdaile's *and Co. bankers, (s) See form and notes, ante, 117. (w) Though this averment is sometimes (x) See the notes to the precedent, post, 150. Sometimes the declaration is drawn, as post, 150. See also ante, 117, 18.-Since the 1st August, 1821, this count, it should seem, would be of no avail, unless the bill be accepted at a particular place, and the words "only, and not elsewhere or other wise" be introduced. 1 & 2 Geo. 4. c. 78, and as to what is not a special acceptance within the Statute, see Chitty on Bills, 8 edit. 322; Selby v. Eden, 3 Bing. 611; 11 Moore, 511; Fayle v. Bird, Bar. & Cres. 531; 2 Car. & P. 303; Turner v. Hayden, 4 Bar. & Cres. 1; Ry. & Mood. 215. If a bill be accepted in the terms of the act, then it is essential to aver a presentment accordingly, Gibb v. Mather, i Moo. & Scott, 387. (y) The day the bill became due, see ante, 118, n. (p), as to mistake in this respect. (z) See ante, 115, n. (c). It need not be stated the bill was presented to the bankers, id. BILLS OF London, aforesaid, that is to say, at, &c. (venue) aforesaid, the said bill of ON INLAND exchange was duly presented and shown for payment thereof, according to EXCHANGE. the said usage and custom of merchants, and payment of the said sum of money, in the said bill of exchange specified, was then and there required; but that neither the said Sir James Esdaile and Co. (a) nor the said defendant, nor any person or persons on behalf of the said defendant, did or would, when the said bill of exchange was so presented and shown for payment as aforesaid, or at any time before or afterwards, pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused so to do, of all which said several premises the said defendant afterwards, to wit, on the day and year last aforesaid, at, &c. (venue) aforesaid, had notice; by means whereof, and according to the said usage and custom of merchants, he the said defendant then and there became liable to pay to the said plaintiff the said sum of money in the said bill of exchange specified, when he the said defendant should be thereunto afterwards requested; and being so liable, he, the said defendant, in consideration thereof, afterwards, to wit, on the day and year last aforesaid, at, &c. (venue) aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said bill of exchange specified, when he the said defendant should be thereunto afterwards requested.-[Add a count on a bill as accepted generally, as ante, 145, and all the common counts as there directed.] On a bill payable to a third person and re turned to and taken For that whereas the said plaintiffs, heretofore, to wit, on, &c. (date of bill) at London, (place where made) that is to say, at, &c. (venue) made their certain bill of exchange in writing, bearing date the day and year aforesaid, and then and there directed the said bill of exchange to the said defendants, and then and there requested the said defendants, two months after the date thereof, to up by pay to [“ Messrs. James Atkins and Co." as in bill, or order, the sum of drawer(b). £50, for value received, and then and there delivered the said bill of *exchange [*148] to the said [Messrs. James Atkins and Co.] which said bill of exchange the said defendants afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants; and the said plaintiff's aver, that afterwards, and when the said bill of exchange became due and payable, according to the tenor and effect thereof, to wit, on, &c. (the day it fell due,) to wit, at, &c. aforesaid, the said bill of exchange, so accepted as aforesaid, was presented and shown to the said defendants for payment thereof, according to the said usage and custom of merchants; and the said defendants were then and there requested to pay the said sum of money therein specified, according to the tenor and effect of the said bill of exchange, and of their said acceptance thereof; but that the said defendants did not, nor would, at the said time when the said bill of exchange was so presented and shown to them for payment thereof as aforesaid, or at any time before or afterwards, pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused so to do, and thereupon afterwards, to wit, on (a) There is no necessity for denying a non-payment by the bankers. 3 M. & S. 73. (b) See precedent, 1 Wentw. 292, 3. When the drawer sues on a bill, payable to a third person, in order to show his interest |