
    John Downing against George Backenstoes.
    A promissory note without words of negotiability, may, in an action by the payee against the maker, be declared on as a note within the statute.
    ASSUMPSIT by the payee of a promissory note, without words of negotiability, in which the plaintiff declared, as on a note within the statute ; and this was the only count in the declaration.
    Caines, on a general demurrer,
    , confessed, that if the case were to be determined on the English decisions, it . ... would be against him, but if it were res integra m this court, he had much to say.
   Per curiam.

The very point was settled in Green v. Long, April term, 1798, in conformity to the adjudications in Westminster-Hall. The plaintiff must have judgment.  