
    Pope vs. Luff.
    The superior court of the city of New-York, on certiorari to the marine court, have no power to remit the cause for a new trial; though otherwise on certiorari to an assistant justice's court.
    
    A written order or request by one person to another for the payment of a specified sum of money to a third person, absolutely and at all events, is a bill of exchange, and the acceptance of it must be in writing.
    Where such an order was presented for acceptance, and the drawee refused to accept, but promised to pay the person in whose favor it was drawn by a given day; held, that the latter could maintain no action against the drawee, though he had funds of the drawer in his hands at the time, and ought in justice to have accepted.
    On error from the supreme court, where the judgment of the superior court of the city of New-York was reversed. For a report of the case in the supreme court, and the opinion there delivered, see 5 Hill, 413 et seq. It was argued here by
    
      
      C. Nagle, for the plaintiff in error, and
    
      G. T. Cromwell, for the defendant in error.
   Senators Barlow, Putnam and Sherman

delivered opinions in favor of affirming the judgment, concurring substantially in the view taken of the case by the supreme court. And

On the question being put Shall this judgment be reversed?” all the members of the court present who heard the argument, twenty-two in number, voted for affirming.

Judgment affirmed.  