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HIS cafe came before the Court on a fpecial verdict, and, after argument, the following judgment was pronounced by the president.

SHIPPEN,Preʃident–This action is brought againft the acceptors of an inland Bill of Exchange, made payable to Baƒs and Soyer and indorfed by them, aƒter the Acceptance to the Plaintiff for a valuable confideration. The Bill is payable to Baƒs and Soyer, without the ufual words ‘‘ or order ’’ ‘‘ or affigns,’’ or any other words of negotiability. The queftion is, whether this is a Bill of Exchange, which, by the law merchant, is indorfable over, fo as to enable the indorfee to maintain an action on it againft the acceptors, in his own name.

The Court has taken fome time to confider the cafe, not fo much from their own doubts, as becaufe it is faid eminent Lawyers, as well as Judges, in America, have entertained different opinions concerning it. There is certainly no precife form of words neceffary to conftitute a Bill of Exchange, yet from the earliest time to the prefent, merchants have agreed upon nearly the fame form, which contains few or nor fuperfluous words, terms of negotiability ufually appearing to make a part of it. It is indeed generally for the benefit to trade that Bills of Exchange, efpecially foreign ones, fhould be affignable ; but when they are fo, it muft appear to be a part of the contract, and the power to affign muft be contained in the Bill it-