“Assumpsit by the plaintiff as payee of a bill of exchange drawn at Philadelphia, by one Edmund Roberts, on the defendant, at Portsmouth, New Hampshire. The bill was dated 12th of May, 1827, for $500 payable to the plaintiff or order, at four months, for value received ‘being the amount of one share and interest in the cargo of the brig Mary Ann.’ The declaration contained three counts. 1. On the bill as an accepted bill. 2. For money had and received. 3. For money laid out and expended. Plea, the general issue. At the trial it appeared in evidence, that the defendant, with sundry other merchants at Portsmouth, on the 1st of December 1826, signed the following paper. 'The undersigned, having subscribed the several sums set against our respective names for a contemplated voyage to the eastern coast of Africa and elsewhere, do hereby authorize Mr. Edmund Roberts, of Portsmouth, New Hampshire, our agent and supercargo, to draw on us for the amount subscribed, in case he should complete his arrangements, and fit out the said expedition.' The defendant signed, ‘William Shaw, $500.’ The bill, when presented to the defendant, on the 29th of May 1827, was refused acceptance; but the plaintiff contended, that the paper was a constructive acceptance in point of law.”