coke b Snellings case Trin Elizabeth in the common plea the custom of London  that theadministrator of a intestate citizen shall be bind to pay a debt by  simple contract as if it be by bind be good and shall bind stranger the  ordinary take the good of the intestate into his possession be Chargeable at  commonlaw SC Noy cro Elizabeth between a Swinb a Snelling and Norton the case  be such debt be bring by Snelling coke report a er p against Norton  administrator of n on a bind the defend show the custom b   a Hardr b of  London that if a contract be make by a citizen in London to pay money to  another citizen and he who ought to pay die intestate that the administrator  shall be bind to pay it as well as if it be by bind and show further that the  intestate be a citizen of London and be indebt on contract to such a citizen  who after the death of the intestate have recover against he on which the pl  demurrer in law and judgement be give against the pl and in this case three  point be resolve that the say custom be good a Acc per Hobart CJ day v savage  hob that if one citizen be indebt to another in a simple contract it shall be  equal to a obligation wear down per holt CJ master v Lewis I l raym a against  the opinion in dyer Elizabeth c die pl c for although none be Chargeable at  the commonlaw by the name of administrator because before the statute of d  Inst Selden jurisdict the testament   light b   b d e no action lie against a  administrator by such name and the custom can begin after e which be within  time of memory yet forasmuch as they be Chargeable at the commonlaw as  executor for their administration so that the a cart a name of the charge be  only change and yet in substance be all one for every executor be a  administrator of good and the plead be ne unques executor ne unques coke a to  manage as executor and a administrator have the office or quality of a  executor therefore the custom allege in such general manner be resolve to be  good b this resolution in Snellings case be say to have overrule a decision  contra Elizabeth roll ab custom de London d pl and Snellings case be cite by  coke as adjudge that a administrator may be within a custom Spink v tenant  roll Rep which be assent to by Dodridge but doubt of by Houghton and recognize  as good law per cur Percival v crisp Jones b it be resolve if the ordinary  take the good into his possession he be Chargeable by the commonlaw dyer pl  Inst Plowd a b   b dyer pl roll e a b and the statute of west cap cum post  death alicuj be make in affirmance of the commonlaw vide e brief e e executor  h e h f n b d it be resolve although the plaintiff be a stranger and no  citizen yet this custom be good to bind he vide I e a c Even without such a  custom a recovery by a simple contract creditor and no asset ultra will be a  good bar to a action of debt on a specialty against a executor or  administrator where he have no notice of such specialty Davies v monkhouse  Fitzgib Harman v Harman show Scudamour v hearne Andrews but such plea must  aver that such recovery be have before notice of the bind debt sawyer v mercer  TR c