all which said several premises the said D afterwards, viz. on &c., at &c., had notice; by means whereof the said D became liable, &c., &c.

NOTE. In Massachusetts, Pennsylvania, South Carolina, and in the Circuit Court of the United States, it has been settled that a bill of exchange, drawn by a person in one of the United States on a person residing in another, is a foreign bill of exchange, and consequently, and therefore a protest is necessary to charge the drawer. See Phillips & Sewall's Edition of Bayley on Bills, where the cases are collected, p. 21. By drawee who accepted upon protest for non-payment, against an indorser, for whose honor he accepted.

For that one A B on &c., at &c., drew his certain billof exchange of that date, directed to the plaintiff, and therein requested the plaintiff to pay one C E or order, the sum of $, two months after date, for value received; and then and there delivered the said bill to the said C E, who, thereafterwards on the same day, indorsed and delivered the said bill to one E F, who thereafterwards, on the same day, indorsed and delivered the said bill to the said E, who thereafterwards, on the same day, indorsed and delivered the same bill to one G H; and the plaintiff avers, that afterwards, viz. on &c., at &c., the said G H caused the said bill of exchange to be presented to the plaintiff for payment thereof, and the plaintiff was then and there required to pay the sum of money specified therein, according to the tenor and effect of the same, and of the said indorsements thereon, but which the said plaintiff then and there refused to do; whereupon the said G H, on &c., at &c., caused the said bill of exchange to be duly protested for the non-payment thereof; and thereupon the plaintiff afterwards, viz. on &c., at &c., upon the said protest, and for the honor of the said E, so indorser of the said bill as aforesaid, paid to the said G H the sum of money specified in said bill, together with a large sum of money, viz. the sum of $-for the costs of the protest, and charges attending the non-payment of the said bill of exchange, and noting the same; nevertheless the said D and the said drawer, and all others whom it might or may concern, always obliged unto the plaintiff for his reimbursement in due form of law; of all which said several premises, the said E, afterwards, viz. on &c., at &c., had notice, and by reason thereof became liable, and in consideration thereof, then and there promised the plaintiff, to pay him the sum of money specified, in the said bill of exchange, and the costs of protest and charges, so paid by the plaintiff as aforesaid,

when the said E should be thereunto requested, yet though requested, &c. Add a count for money paid to the defendant's use.

NOTE. Where a bill of exchange is taken up, for the honor of any of the parties, the person taking it up becomes as an indorsee for a valuable consideration, and is entitled to the same remedies against any of the preceding parties, and is not confined to an action against the person, for whose honor the bill is taken up. 1 Exp. 113.

Indorsee v. Acceptor, where indorsers were partners.

For that, at the several times hereinafter mentioned, the plaintiff and the said R [acceptor] and B and C and K, were persons residing, trading, and using commerce, viz. the said B at &c., in parts beyond sea, and the plaintiff, the said R, and the said C and K in this commonwealth, and the said C and K were partners jointly negotiating in trade, under the firm of C and Co., and being so partners, the said B, at &c., on &c., made his certain bill of exchange in writing under his hand of that date, according to the usage of merchants, directed to said R by the name &c., and thereby requested the said R, days after date, to pay to said C and K, by the name and style of C and Co., or order, the sum of &c., value received as by advice; which said bill the said R, afterwards, on &c., at &c., accepted and thereafterwards, on the same day, the said C and K, in the name and style of their firm and partnership, indorsed the said bill, the said name of said C and Co. being thereto subscribed by one of them, and by that indorsement, appointed the contents to be paid to the said plaintiff; of which said indorsement the said R then and there had notice; whereby he became liable, &c. 3 Morg. 55.

Indorsee v. Acceptor, for honor of drawer.

For that one E &c., at &c., on &c., according to the custom of merchants, made his certain bill of exchange, under his hand in writing, of that date, directed to one H, and thereby requested the said H, at day's sight, to pay one P, or order, the sum of &c., and afterwards, on &c., at &c., the said P, by his indorsement under his hand, on the same bill, appointed the contents thereof to be paid to the said W, [plaintiff] which said bill the said W, afterwards, on &c., at &c., presented to the said H for acceptance, but the said H then and there wholly refused to accept the same &c., and afterwards, on &c., at &c., the said W presented the said bill, the same being then payable, to the said H for pay

ment and the said H, then and there refused to accept the same, whereupon the said W, then and there duly protested the same bill according to the custom of merchants, of all which the said R [defendant] then and there had notice; and thereupon the said R, then and there, in order to prevent the said bill from being sent back and returned, under protest, to said E, accepted the same bill for the honor of the drawer and thereby became liable, &c. 1 Went. 315.

Indorser for honor of Drawer v. Drawer.

For that the said A, [defendant] at &c., on &c., according to the custom of merchants, made his second bill of exchange of that date, directed to one C, and thereby requested the said C, at &c. days' sight of the second bill, the first being then unpaid, to pay to T or order, the sum of &c., for value received, and place &c.; and afterwards, on &c., at &c., the said T presented the same bill to the said C for acceptance, and the said C then and there refused to accept the same, of which the said A then and there had notice; and the plaintiff thereafterwards, on the same day, at the special request of the said A, and to give credit to the said second bill of the said A, and in honor of him, according to the custom of merchants, indorsed the said bill by writing his, the plaintiff's name, on the back thereof, whereby he became liable to pay the same, if not paid by said C, and duly protested therefor; and the plaintiff in fact says, that afterwards, on &c., at &c., the same bill with the indorsement thereon was presented to the said C, and the said C was then and there requested to pay the same, the

days, limited for the payment thereof, being elapsed since the same bill was protested for non-acceptance, but the said C then and there refused to pay the same, the said A's first bill being unpaid; by reason whereof the said second bill was then and there duly protested, according to the custom of merchants, and by reason of the premises the said A, as well as the plaintiff, severally became chargeable to repay the said T the sum of &c., with interest and damages, immediately upon sight of said second bill so protested, of all which premises the plaintiff had notice, and thereby became liable and then and there paid the said T the sum of &c., with interest and damages, of which the said A thereafterwards on the same day, had notice, and thereby became liable, &c.

Indorsee or Executrix of Payee v. Drawer.

For that the said A, [defendant] at &c., on &c., made his certain bill of exchange, under his hand in writing of that date, directed to one C, and thereby requested the said C, by the name, &c., to pay the said E in days after date thereof, the sum of &c., value received, without further advice, which said bill the said C then and there accepted; and afterwards on &c., at &c., the said E died, having first duly made his last will and testament, and thereby appointed one Q, sole executor of the same, who thereafterwards, on the same day, duly proved the same, and took upon himself the burthen of the execution thereof; and thereafterwards, on the same day, the said Q, as such executor, by his indorsement of his name, in writing on the same bill, appointed the contents thereof to be paid to the plaintiff, and afterwards, on &c. at &c., the same bill, the same being then payable, was presented to the said C for payment thereof, and the said C was then and there requested to pay the same, but the said C then and there wholly refused to pay the same; whereupon the said bill was then and there duly protested therefor, of all which the said A, thereafterwards, on the same day, had notice, and thereby became liable, &c. 1 Went. 305; 3 Wils. 1; 1 T. R. 487.

8. On Policies of Insurance.

For a total loss on a Policy of Insurance on ship.

For that the plaintiff on &c., at &c., caused to be made a policy of insurance, wherein is contained that the plaintiff, as well in his own name, as in the names of all and every other person or persons, to whom the same did then, might or should appertain, in part or in all, did make assurance, and cause himself and every of them to be insured, lost or not lost, the sum of &c. upon the ship A, and her appurtenances, from &c., to &c., and thence to &c., (adopting the language of the policy with no other change than the substi tution of the past for the present tense) of which policy of insurance, as above set forth, the said E thereafterwards, on the same day had notice, and in consideration that the plaintiff had, then and there, paid the said E the premium of &c., according to the tenor of the said policy, and promised to perform all things contained in the writing aforesaid, on the said plaintiff's part to be performed, the said E then and there became an insurer of the said vessel for the voy

age aforesaid, according to the tenor and effect of the said policy, for the sum of &c., to be assured by the writing aforesaid, being the sum subscribed to said writing; and the said vessel, on &c. upon the high seas, by storms and violence of the seas, upon the aforesaid voyage from &c., to &c., was sunk and utterly lost ;* of all which the said E, on &c., at &c., had notice and proof; and although the plaintiff has performed all things by virtue of the said policy, on his part to be performed, yet the said E has not paid the plaintiff the said sum of &c., though often thereunto requested, &c.

NOTE. The above precedent seems to be defective, because it contains no averment of the plaintiff's interest; some however have made a question whether it can be necessary to have such an averment in any case. But if the plaintiff has no interest, he cannot recover; and if he makes no averment of it, what reason is there for intending that he is interested, and what becomes of the distinction between policies where a real interest is covered, and merely wagering policies? It will therefore be proper to insert an averment of the plaintiff's interest at the mark * in the above form, which may be in the following terms; "and the plaintiff avers, that his interest in the said ship so assured as aforesaid, at the time of making the said policy of insuranee, as also at the time of the happening of the said loss, amounted to a large sum of money, viz. to the sum of &c., insured as aforesaid."

By plaintiff for administrator, for the use of an intestate's estate.

For that, on &c., at &c., the plaintiff to and for the use and benefit of the estate of V, deceased, according to the custom of merchants, caused to be made a certain writing or policy of insurance, purporting thereby and containing therein, that the plaintiff for the estate of V, deceased, did make assurance, &c. [as in the policy;] and the said B, [defendant] then and there subscribed the said policy as such assurer, for $-, and afterwards on &c., the said brig was in good safety at Leith, in Scotland, her port of discharge there in said policy mentioned, and thereafterwards, on the same day and year, the said brig with divers goods and merchandises on board, of the value of $-, departed and sailed from said Leith, upon her intended homeward bound voyage, from thence to New York, in the United States; and the plaintiff avers, that one E V, in her capacity of administratrix of the estate of the said V, deceased, then and from thence until and at the time of the loss herein after mentioned, was interested in said brig, and in the freight of said brig, to the amount of all the moneys by her insured, or caused to be insured thereon; and that the