the said promissory note, and thereby then and there ordered and ap- Appendix. pointed the said sum of money therein specified, to be paid to the said A. B., and then and there delivered the said promissory note so indorsed as aforesaid, to the said A. B. By means whereof, &c. (stating the defendant's liability and promise to pay as usual, at the suit of an indorsee.) 6. Short In order to save expense when there are several indorsements, and par ticularly when it may be expedient to add a second count on the same statement bill or note, the following concise statement of the indorsement may be of an inadopted. And the said E. F. then and there indorsed and delivered the said promissory note to the said G. H. And the said G. H. then and there indorsed and delivered the said promississory note to the said A. B. dorsement. maker hav For that whereas one E. F. heretofore, to wit, on, &c. at, &c. made 7. Indorsee his certain promissory note in writing, bearing date the day and year against inaforesaid, and then and there delivered the said note to the said C. D., dorser, the by which said note the said E. F. then and there promised two months ing refused after the date thereof, to pay to the said C. D. (by the name and addi- payment. tion of Mr. C. D.) or order, the sum of £50, for value received. And 495] the said C. D. to whom or to whose order the payment of the said sum of money in the said note specified, was to be made after the making of the said note, and before the payment of the said sum therein specified, to wit, on, &c. aforesaid, at, &c. aforesaid, indorsed the said note, by which said indorsement, he the said C. D. then and there ordered and appointed the said sum of money in the said note specified to be paid to the said A. B. and then and there delivered the said note to the said A. B. And the said A. B. in fact saith, that afterwards, when Averment the said note became due and payable, according to the tenour and effect of presentthereof, to wit, on, &c. at, &c. aforesaid, (the place where payable,) to ment wit, at, &c. aforesaid, (the venue) the said note so indorsed as afore-payment. said, was duly presented and shown to the said E. F. for payment 8 The greater part of the note in the preceding precedents are applicable to this. As to the statement of indorsements, see ante, 492, 3, in notes. The third day of grace, 4 T. R. 148, unless it be a Sunday, Good Friday, or Christmas-day, in which case, the note or bill is due the preceding day. This day is material, Doug. 679, unless there be an express averment that the presentment was made when the bill became due as above, in which case a mistake in the day after the videlicet, would not be material, Bayley, 188. The better way may perhaps be merely to allege that afterwards, to wit, "on, &c. at, &c. the bill was duly presented for payment," omitting the words in italic, see Patience v. Townley, 2 Smith's Rep. 224. If there be any doubt as to the proof CHITTY ON BILLS. of a presentment on the day the note was Though in an action against the maker for 0000000000000000 APPENDIX. thereof, and the said E. F. then and there had notice of the said indorsement so made thereon as aforesaid," was then and there requested to pay the said sum of money in the said note specified, according to the tenour and effect of the said note, and of the said indorsement so made thereon as aforesaid; but that the said E. F. did not nor wouldat the same time when the said note was so presented and shown to him for payment thereof, as aforesaid, or at any time afterwards, pay the said sum of money therein specified, or any part thereof, but wholly neglected and refused so to do; of all which said several premises the said C. D. afterwards, to wit, on the day and year last [496 aforesaid, at, &c. aforesaid, had notice.. By means whereof and by force of the statute in such case made and provided, the said C. D. then and there became liable to pay the said A. B. the said sum of money in the said note specified, when he the said C. D. should be thereunto afterwards requested. P And being so liable, he the said C. D. in consideration thereof, afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said A. B. to pay him the said sum of money in the said note specified, when he the said C. D. should be thereunto afterwards requested. See the precedents, post, 504, on Inland m Notice of the indorsement need not • A subsequent promise by the defendant to pay, is evidence of a presentment to the maker or drawee for payment, and no special count is necessary, 7 East, 231. This allegation on an averment, show ing that it may be dispensed with, is neces P Ante, 490, note. Bayl. 190. SECT. III. DECLARATIONS ON CHECKS ON BANKERS. APPENDIX. 00000000000 30000 check a FOR that whereas the said C. D. heretofore, to wit, on, &c. at, &c. 8. By the according to the usage and practice of merchants, made his certain payee of a draft or order in writing for the payment of money, commonly called gainst the a check on a banker, bearing date the same day and year aforesaid, and drawer. 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. and thereby then and there required the said Messrs. E. F. and G. H. to pay to the said A. B. (by the name and addition of Mr. A. B.) or bearer, £50, and then and there delivered the said draft or order to the said A. B. And the said A. B. 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, &c. aforesaid, at, &c. 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 the said Messrs. E. F. and G. H. were then and there requested to pay the said sum of money therein specified, according to the tenor and ef-[ 497 ] fect 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 C. D. afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, had notice. By means whereof he the said C. D. then and there became liable to pay to the said A. B. the said sum of money in the said draft or order specified, when he the said C. D. should be thereunto afterwards requested. And being so liable, he the said C. D. in consideration thereof, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said A. B. to pay him the said sum of money in the said draft or order specified, when he the said C. D. should be thereunto afterwards requested. b a gainst the For that whereas the said C. D. heretofore, to wit, on, &c. at, &c. 9. By the according to the usage and practice of merchants, made his certain bearer draft or order in writing for the payment of money, commonly called a check, bearing date the same day and year aforesaid, and then and there directed the said draft or order to certain persons, by the names, a As to the date, see ante, 489, note. As to the necessity for this averment and the expediency in some cases of averring an excuse for the neglect to give notice, ante, 496, note. Ante, 490, note. d Ante, 490, note. • The notes to the preceding precedent are applicable to this. drawer. 6000000000000000 APPENDIX. style, and firm of Messrs. &c.; and thereby then and there requested the said Messrs. &c. 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 specified, 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, &c. aforesaid, at, &c. aforesaid, duly transferred, assigned, and delivered the said draft or order, to the said A. B. who thereby then and there became and was, and from thence hitherto hath been and still is the lawful bearer thereof, and entitled to the payment of the said sum [498] of money therein specified.] And the said A. B. avers, that after the the making of the said, &c. (as in the preceding form from the asterisk to the end.) APPENDIE. SECT. IV. DECLARATIONS ON INLAND BILLS.* FOR that whereas one E. F.,a heretofore, to wit, on, &c., at, &c. 10. Payee according to the usage and custom of merchants from time immemorial against acused and approved of within this kingdom, made his certain bill of ceptor. exchange in writing, his own proper hand being thereunto subscribed, bearing date the day and year aforesaid, and then and there directed the said bill of exchange to the said C. D. (by the name and addition of C. D. Esq.) by which said bill of exchange he the said E. F. then and there requested the said C. D. two months after the date thereof, to pay to the said A. B. (by the name and addition of A. B. Esq.,) or order, the sum of £50, value received, and then and there delivered the same to the said A. B. Which said bill of exchange the said C. D. [ 499 ] afterwards, to wit, on, &c.1 aforesaid, at, &c. aforesaid, upon sight thereof accepted, according to the said usage and custom of merchants. (*) *Only a few precedents are given here; see other forms, 3 Chitty on Pleading, 30 to 52, and as to the mode of declaring in general, ante, 351 to 376. As to this allegation, see ante, 489, note. If it be drawn in the name of a firm, say, certain persons using the names, style, and "firm of A. B. and Co. on, &c. at, &c." It is not advisable to state the names of the individuals composing the firm, unless the action be against them, when they must be stated. If drawn by one person in the name of a firm, it may be stated to have been drawn by certain persons using the name, style, and firm, &c. although in truth drawn only by one person. Campb. 78. 4 As to the statement of the date, ante, 489, note. As to the statement of the place where made, ante, 489, note. This allegation is unnecessary, Lord Raym. 88. 175. 1542. Carth. 83. 269, 270. Lutw. 279. Ante, 351. As to the impropriety of this allegation; ante, 357. Bayl. 176. As to the statement of the date, ante, 489, note. 2 Campb. 307, in notes. g The statement of directions seems in general unnecessary, ante, 356. If stated, a variance would be fatal. It may be stated according to the legal effect, and in an action against the acceptor, in a bill directed to him, or in his absence to J. S. the conditional directions to J. S. need not be stated, 12 Mod. 447; and if a bill be directed to two, and accepted only by one, it need only be stated to have been direct- h In general unnecessary, As to the statement of the sum, see statement. *As to this averment, ante, 490, note. If at the suit of the drawer these words should be admitted, but will not prejudice though the acceptor's name be inserted, 5 East, 476. The acceptance of a bill after sight, should be stated according to the fact, and when the drawee dates his acceptance on a different day from the date of the bill, the real day of acceptance should be inserted. An acceptance need only be stated in an action against the acceptor, or where an accepted bill was payable after sight. When the time of payment depends on the presentment, it should be the day of the presentment; but in other cases, exactness as to the day is not material. It has however, been adjudged, that if the plaintiff declare in terms, that the acceptance was before the bill became due, and that the defendant accepted to pay according to the tenor and effect of the bill, and it appear on the evidence, that the acceptance in fact was after the day of payment, the plaintiff cannot recover. Lord Raym. 364. Mod. 212. But it is said, that the propriety |