case king and his wife against BASINGHAM distinguish fleet v Perrins l r Q b  follow Lloyd v Pughe l r Ch explain Jones v Cuthbertson l r Q b where the wife  shall not be join in the action with her husband S c post a action on the case  c be bring in the common plea by husband and wife in which the husband declare  upon several count and one of they be for money modern report er p lend to the  defendant by he and his wife by his consent and promise make to they both upon  non assumpsit plead the plaintiff have a verdict it be move in arrest of  judgement that the declaration be ill because the wife be join in this action  with her husband which she ought not to be and that the join her in the action  be matter of substance be not help by this verdict for by this mean if the  husband shall die then what be recover will survive to her when it ought to go  to the executor of the husband but the judgement be affirm a writ of error be  bring in the court of king bench the same objection be make there and that  this action be find on a contract make by the wife when by law she can make  any contract during the coverture lee except to the declaration that the money  be allege to be lend by husband and wife must be presume to be lend during  coverture and then the money be the husband money only for which he alone  ought to have bring his action for a wife can have no interest in money during  coverture modern report it be argue in support of the action that this  objection come too late it be after a verdict and that it ought to be make  good if by any construction it may therefore it shall be intend that the  husband and wife be joint trader and that she lend the money to the defendant  before marriage beside where a promise be make to the wife if the husband  bring a action for himself and his wife he make that promise good by his own  consent the chief justice if the money be lend during coverture the  declaration be false because then the wife can have no money AdjournaturThis  case be argue a second time in Trinity term Geo on Saturday June note to  former edition and in Hilary term Geo it be argue a three time when the court  incline against the plaintiff S c post a