case William Coulston against Edward car Trinity term Elizabeth roll a  assumpsit will lie upon two consideration though one of they can be perform  but if the jury find one of several consideration allege to he false the whole  action fail certainty to a common intent in general be sufficient in  declaration Noy ld raym dougl term Rep assumpsit by the plaintiff as executor  of Thomas Coulston whereas the defendant that Oct Elizabeth be oblige to one  Ann the wife of William car by the name of Agnes car the wife of William car  in with condition for the payment of such a annuity not exceed per annum unto  the say Ann which William car grant or devise unto her for her life at such  day as she shall appoint and whereas the say William car devise unto her a  rend of per annum for her life Payable at such feast and die and the say Ann  marry with though Coulston the testator and they in regard the defendant know  that he be not Chargeable with the penalty of that bind because that Ann be  therein misname Agnes refuse to pay that annuity exhibit their bill in  chancery against the defendant upon this matter and whereas in Elizabeth by  decree make in chancery it be order that notwithstanding this misnomer the  defendant shall pay the arrearage of the annuity of per annum with the annuity  itself until the arrearage be pay which be due for eight year and the annuity  itself during her life at the day mention in the will and whereas the  defendant have fail of the performance of this decree within two year after  the decree make and the witness or thereupon intend to have take forth a  attachment for this contempt that the defendant may Elizabeth in consideration  that the say Thomas Coulston will not take forth a writ of attachment for this  contempt and in consideration that he promise unto he on the hehalf of the say  Thomas Coulston and Ann his wife that no advantage shall he take of a  obligation of agree to he make by the defendant for the payment of that  annuity as long as the say annuity shall he pay accord to the will and that  the say Thomas and Ann have consent to convey her title of dower to such  person as the defendant shall appoint if by the law it may he that the  defendant sit per see assumpsit that the arrearage of the at the first nod  shall he pay modus et of Firmum following videlicet that the defendant with I  S croak Elizabeth and I d shall make to the say Thomas Coulston a obligation  for the payment of of the say arrearage to the say Thomas Coulston at  Christmas and that he with the say I S and I d shall he oblige by several  obligation to the say Thomas Coulston in several sum of l until the arrear be  pay and that he will he oblige in l to Thomas Coulston and for the payment of  the say annuity during the life of the say Ann and allege begin that neither  the say Thomas Coulston in his life nor the plaintiff after his decease have  not pursue a attachment for the say contempt and that the defendant be not  oblige for the payment of the say c nor for the c and hereupon the defendant  demurrer first it be move that none of these consideration be of value and  that none of croak Elizabeth er p they be certain allege as to that that he  will not prosecute a attachment it be not material for it be but matter in  conscience whereof the commonlaw take not any regard for the stay of a suit in  chancery or in any court of equity be no gaze of looking n at the commonlaw  whereupon to ground a action vide dyer but after diverse argument and upon the  precedent betwixt Dowdenay and oland a in this court it be hold that forasmuch  as the cause be well examinable as it be agree by they that it be and for the  breach whereof the party be punishable which be to he do at the suit of the  party grieve and by the nonprosecution of this contempt he have ease and  Henefits that it be a go consideration to ground this action second they all  agree that if two or three consideration he allege in a declaration and there  he one of they sufficient although the other he insufficient in matter or form  yet the one be sufficient it be well enough but if two consideration he allege  and one of they be find false by the jury the action fail three it be resolve  that whereas the declaration be that the defendant super see assumpsit and  mention not to who nor say et eiden to express grief with reliance on God to  let go as the usual course be yet it be to enter into bind to the testator it  be as sufficient a promise to the testator as if it have be super see  assumpsit proedicto Thomas Coulston for it be tantamount and so it be resolve  in the case between Wichhal and John but if it have be super see assumpsit to  he oblige in h and show not to who there peradventure all have be uncertain  and void fourthly the assumpsit be that the arrearage shall he pay modus et  form sequence videlicet that he with two other shall he oblige c it uva hold  that it be a sufficient assumpsit to he oblige although it come after the  videlicet but Fenner contra herein but notwithstanding these exception it be  adjudge for the plaintiff