BILL of EXCHANGE. 
words which import no more cannot be eflential. White 
v. Ledwick, K B. Hill. 25 Geo. III. Whether it be effen- 
tial to the conftitution of a bill of exchange, that it fliall 
contain words which render it negotiable, as to order or to 
dearer, feems not hitherto to have received a direft judi¬ 
cial decilion. There are two cafes in which the want of 
fuch words was taken as an exception ; but, as there were 
other exceptions, the point was not decided. 2 Stra. 1212. 
3 Wilf. 212. In another cafe, the fame exception was ta¬ 
ken and over-ruled, but under Inch circumftances that the 
point was not generally determined. 2 Wilf. 333. If in a 
doubtful point, however it may be allowed to reafon on 
general principles, it thould feem, that it being the ori¬ 
ginal intention and the adlual ufe of bills of exchange that 
they Ihould be negotiable, fuch drafts as want thefe ope¬ 
rative words are not entitled to be declared on as fpecial- 
ties, however they may be fufficient as evidence to main¬ 
tain an a&ion of another kind. Kyd, 42. But it has been 
ruled that fuch words are not neceff'ary in notes, and that 
the perfon to whom they are made payable may maintain 
an action on them, within the ftatute againft the maker. 
Moor v. Paine, Hardw. 288. 
An Acceptance is an engagement to pay a bill of ex¬ 
change, according to the tenor of the draft. The cir¬ 
cumftances which generally concur in an acceptance are, 
that the party to whom it is addrefled binds himfelf to the 
payment, after the bill has iftlied, before it has become 
due, and according to its tenor ; by either fubferibing his 
name, or writing the word accepts, or accepted. But a man 
may be bound as acceptor without any of thefe circum¬ 
ftances. An acceptance may be either written or verbal; 
if the former, it may be either on the bill itfelf, or in fome 
collateral waiting, as a letter, See. In foreign bills it has 
always been underftood that a collateral or parol accept¬ 
ance was fufficient. 1 Stra. 648. 3 Burr. 1674. Hardw. 75. 
And it is now fettled that fuch acceptance is alfo good in 
cafes of inland bills ; as by word, Lumley v. Palmer, 2 
Stra. 1000; or by letter, 1 Ath. 717. The acceptance is 
ufually made between the time of iffliing the bill and the 
time of payment; but it may alfo be made before the bill 
has ilfued, or after it has become due; when it is made 
before the bill is ilfued, it is rather an agreement to ac¬ 
cept, than an a£hial acceptance ; but fuch agreement is 
equally binding as an acceptance itfelf. 3 Burr. 1663. Doug. 
284. 1 Atk. 71 5. When the acceptance is made after the 
time of payment is elapfed, it is confidered as a general 
promife to pay the money: and, if it be to pay according 
to the tenor of the bill, this Ihall not invalidate the accept¬ 
ance, though, the time being paft, it be impoffible to pay 
according to the tenor ; but thefe words (hall be rejected 
as furplufage. 1 Sal. 127, 9. 1 Ld. Raym. 364. 12 Mod. 214. 
Cartk. 459. Acceptance is ufually made by the drawee, 
and, when before the iffliing of the bill, is hardly ever 
made by any other perfon ; but, after the iffliing the bill, 
it often happens, either that the drawee cannot be found, 
or refufes to accept, or that his credit is fufpefted, or that 
he cannot by reafon of fome difability render himfelf re- 
fponfible ; in any of thefe cafes an acceptance by another 
perfon, in order either to prevent the return of the bill, to 
promote the negotiation of it, or to fave the reputation of, 
and prevent an atftion againft, the drawer, or fome of the 
other parties, is not uncommon: fuch an acceptance is 
called an acceptance for the honour of the perfon on whofe 
account it is made. 
That engagement which conftitutes an acceptance, is 
ufually made to the holderof the bill, or to fome perfon 
who has it in contemplation to receive it ; and then the 
acceptor muff: anfwer to him, and to every one who either 
has had the bill before, or fhall afterwards have it by in- 
dorfement: but it is frequently made to the drawer him¬ 
felf; and then it may be binding on the party making the 
engagement or not, according to the circumftances of the 
cafe. The mere anfwer of a merchant to the drawer, 
“ that he will duly honour his bill,” is not of itfelf an ac¬ 
ceptance, unlefs accompanied with circumftances which 
3 r 
may induce a third perfon to take the bill by indorfement: 
but, if there be any fuch circumftances, it may amount to 
an acceptance, though the anfwer be contained in a letter 
to the drawer. Cowp. 572, 4. And an agreement to accept 
may be expreffed in Inch terms as to put a third perfon in 
a better condition than the drawer. If one, meaning'to 
give credit to another, make an ablolute promife to accept 
his bill, the drawer or any other perfon may (hew fuch 
promile on the exchange to procure credit, and a third 
perfon advancing his money on it has nothing to do with 
the equitable circumftances which may fubfift between the 
drawer and acceptor. Dougl. 286, (399.) 
An acceptance is generally according to the tenor of the 
bill ; and then it is called a general and abfolute accept¬ 
ance : but it may differ from the tenor in fome material 
circumftances, and yet, as far as it goes, be binding on the 
acceptor. Thus it may be for a lefs fum than that men¬ 
tioned in the bill ; or it may be for an enlarged period. 
1 Stra. 214. Marius, 21. So the drawee may accept a bill 
which has no time mentioned for payment, and which is 
held to be payable at fight, to pay, at a diftant period ; 
which acceptance will bind him. 11 Mod. 190. A bill was 
payable the iff: of January ; the drawee accepted to pay 
the 1 ft of March : the holder ftruck out the xft of March, 
and inferted the ift of January, and, when it was payable 
according to that date, prefented it for payment, which 
the acceptor refufed ; on which the holder reftored the ac¬ 
ceptance to the original form ; and the court held that it 
continued binding. Pricer/. Shute, Eajl. 33 Car. II. So the 
acceptance may direft the payment to be made at a different 
place from that mentioned in the bill, as at the houfe of 
a banker. So alfo the acceptance may differ from the te¬ 
nor of the bill in its mode of payment, as to pay half in 
money, half in bills. Bull. N. P. 270. An acceptance may 
alfo be conditional, as “ to pay when certain goods con- 
figned to the acceptor, and for which the bill is drawn, 
fhall be fold.” 2 Stra. 1152. What fliall be confidered as 
an abfolute or conditional acceptance is a queftionof law 
to be determined by the court, and is not to be left to the 
jury. 1 Term Rep. 182. If the acceptance be in writing, 
and the drawee intend that it fhould be only conditional, 
he muff be careful to exprefs the condition in writing as 
well as the acceptance ; for, if the acceptance fhould, on 
the face of it, appear to be abfolute, he cannot take ad¬ 
vantage of any verbal condition annexed to it, if the bill 
fhould be negotiated and come to the hands of a perfon 
unacquainted with the condition ; and even againft the per¬ 
fon to whom the verbal condition was expreffed, the bur¬ 
then of proof will be on the acceptor. Doug. 286. A con¬ 
ditional acceptance, when the conditions on which it de¬ 
pends are performed, becomes abfolute. But, if the con¬ 
ditions on which the agreement to accept a bill is made 
be not complied with, that agreement will be difeharged. 
Doug. 297. 
An acceptance by the ctiftom of merchants as effe6hi- 
ally binds the acceptor, as if he had been the original 
drawer; and, having once accepted it, he cannot after¬ 
wards revoke it. Cro. Jac. 308. Hard. 487. A very fmall 
matter will amount to an acceptance; and any words will 
be fufficient for that purpofe, which fhew the party’s af- 
fent or agreement to pay the bill; as if upon the tender 
thereof to him, he fubferibes accepted, or accepted by me, 
A. B. or, I accept the bill, See. thefe clearly amount to 
an acceptance. If the party under-writes the bill, pre¬ 
fented fuch a day, or only the day of the month ; this is 
fuch an acknowledgement of the bill as amounts to an ac¬ 
ceptance. 3 New Abr. 610. So if he order a direction to 
another perfon to pay it. Bull. N. P. 270. If the party 
fays, “ Leave your bill with me, and I will accept it; or, 
call for it to-morrow, and it (hail be accepted thefe 
words, according to the cuftom of merchants, as efteflu- 
ally bind, as if he had actually figned or fubferibed lijs 
name according to the ufual manner. But if a man fays, 
“ Leave your bill with me; I will look over my accounts 
and books between the drawer and me, and call to-mor¬ 
row. 
