case Elizabeth executrix of William Cartlitch vers sir John eyles how far a  undertake for a three person shall bind this be a action of assumpsit wherein  the plaintiff declare that the defendant on the that of November in  consideration that the testator at the defendant request will give credit to  Thomas England for any quantity of silver to work on as far as or value as the  occasion of the say Thomas England shall call for it the say testator give  four or six month credit for payment promise the testator to be answerable to  he for the credit of the say Thomas England as far as the say or and aver that  her testator rely on the say defendant undertake at diverse time between the  that of November and the that of January give credit to Thomas England for  silver to work on as his occasion call for it to the value of and give credit  for payment sometime for four sometime for six month and that on the that of  January there be due to the testator for such silver S d which Thomas England  have not pay and yet the defendant refuse to pay the same on non assumpsit and  issue join the cause come to trial before Mr justice Denton and to prove the  promise in the declaration a letter from sir John eyles be produce in these  word Mr though England who deliver you this be a silversmith who business be  increase beyond his stock and he have occasion for some credit be oblige  sometime to work his stock out before he comens can get his money for the  plate he make comens er p I have a very good opinion of his honesty and will  be answerable myself for his credit as far as or if it be consistent with your  business to give he credit for any quantity of silver to work upon to that  value as his occasion call for it give credit for four or six month payment if  this proposition be at all agreeable or can be make so I shall be Willing to  talk further with you who be sir your humble servant John eyles direct to Mr  Cartlitch on this letter William Cartlitch the testator entrust Thomas England  from time to time with quantity of silver amount in the whole to for which he  make England debtor in his book and England always give his note for the  silver receive whereby he promise to pay for it nor be any time limit for  payment nor do it appear that sir John eyles have notice that Cartlitch trust  he at all nor do he countermand Cartlitch from do so Mr justice Denton give  leave to move the court upon this letter for their opinion whether this letter  be sufficient evidence of the promise in the declaration attend with the above  circumstance which he say be the whole of the evidence give upon this evidence  the chief justice and I think a new trial may not be improper since this  letter be indeed proper evidence to be give to a jury to induce a belief that  sir John eyles have undertake accord to the declaration and if it have be  prove that upon this letter Mr Cartlitch have signify to sir John that he upon  this encouragement will trust England or that sir John have any knowledge that  he do intrust he with silver and he do not control his do so it may be  sufficient for the jury to find for the plaintiff comens but as the letter  only import that he have a opinion of the honesty of England and on that  account be incline or dispose to become answerable as far as or if consistent  with his business to give such credit for that be as much as the word can  reasonable be strain to it not be say I will be answerable but I will or be  incline or mind to be so upon term and then go on to tell he that if the  proposition be agreeable or can be make so he will talk far with he it seem to  be only a proposal or communication and not a complete agreement but a proper  evidence which with other circumstance concur may be conclusive and therefore  if the defendant be privy to the trust give and do not control it or be  acquaint with the letter be deliver and accept it may be fit to charge the  defendant but it may be hard to charge he in case he have no notice which by  the judge report of the case do not appear to have be give that Cartlitch  trust he upon the receipt of this letter do not import any notice to sir John  eyles for it appear not that he trust he on sir John account for the credit in  his book be give to England and he take note for the money from he No mention  at all be make that it be do on the defendant account and it be usual evidence  when credit be give on another account to see how the credit be enter in the  plaintiff book it be certain that assumpsit lie not upon more communication  roll Abr and this seem no more it refer to a future treaty or parlance and if  that have be so the defendant may have be vigilant how Thomas England comens  go on in his trade may have put a stop to the credit give whenever he see  cause or may have take security from he which have no notice of such trust or  deal he can not do but justice Denton and fortescue think the letter itself  contain a full promise from the defendant to pay what the testator credit he  for not exceed or that the word will be be the same as will be and that the  conclusion of the letter be rather artful than a design of far treaty and  therefore a new trial be deny at nisi prius the plaintiff have verdict and on  a motion for a new trial the court be divide in opinion and no rule be make  the plaintiff be at liberty to sign final judgement barn p comens er p