case preston against Tooley Trinity term Elizabeth roll deliver a bind to and  at the request of the defendant to inspect and safe keep be a sufficient  consideration for his promise to pay a certain sum if he do not redeliver it  to the plaintiff within a limit time nte I sand Cowp the form in which a bind  in the nature of a statute staple may he plead Com dig in assumpsit it be not  necessary to allege the time of delivery a appearance may he file in c b  without name the attorney ante post dougl what be a sufficient affirmation  term Rep a writ of enquiry hold good though no day be give to the party post  Yelv   b error upon a judgement in a assumpsit bring in the common bench Pas  rot the case upon the record be Tooley bring a assumpsit against Preston and  declare that whereas John Gibbons by his write Obligatory seal with his seal  Elizabeth in form et naturan scribe obligator sive recognitionis secundum form  to cause to stand stapulce at westmonasterium de debilispro merchandisis in  eoden emplis recuperand ordinal et to will debt is owed modus confect in  person Christopher Wray heading justiciario c to know again et to go away see  tender in mille libhers c juxta form speech to cause to stand c and that  afterward upon march Elizabeth at London at the request and instance of the  defendant he have deliver the say write Obligatory to he ad inspiciend and  croak Elizabeth er p safe to keep and redeliver to the plaintiff within six  day after and that the defendant in consideration thereof do then assume to he  that if he do not redeliver it within the say time that he will pay he when  require l and allege that although the defendant have not redeliver the say  write Obligatory within the say six day after the say delivery and although  the say plaintiff after the say six day pass videlicet at such a day and place  require the say Preston to pay the say l accord to his promise he have not pay  and refuse to pay to his damage of l the defendant do demurrer in law and for  cause show that there be no sufficient consideration to charge he but after  diverse argument it be adjudge a good consideration to charge he and thereupon  a writ of enquiry of damage be award upon which it be find that by the  nonperformance of the promise the plaintiff sustain damage l and for cost of  suit S d which be accord adjudge to he and l S and d more for cost upon all  this matter a writ of error be bring first error assign be that the say  statute be mere void for it be allege to be a statute staple accord to the  statute for the recovery of debt make at Westminster c whereas it be a mere  statute staple which be to he acknowledge before the mayor c accord to the  Edward c a and not before any other and this be acknowledge before Wray CJ say  non allocatur for it be hold clear to he well enough allege for it be a  statute staple acknowledge accord to the Henry c and it be plead accord to the  usual course of plead such statute second error that there be no time certain  allege when he deliver the statute to the defendant but only it be allege  croak Elizabeth that at such a day he be possess of the statute and deliver it  to the defendant at his instance and request say non allocatur but I do do  hear their reason three error out of the record that the plaintiff quarto die  to bring before see against the defendant per attornatus suum but show not who  be his attorney and if he have no attorney it be error curian contra because  it be not the course of the common bench to enter the name of the attorney  till after the declaration and in the declaration it be say that he appear per  though warren attornatus suum but Egerton show a precedent where the entry be  that one appear byCutting attornatus suum and show not his Christian name and  this be allege in error the judgement be reverse which the court here do agree  for where he meddle with his dame he ought to name he true by both name four  error which be not put in the record that it be allege although he have not  deliver it within six day c so he do not precise affirm it curian contra for  it be a good affirmation as Bucleys case in the commentary five error that the  consideration be not sufficient for it appear not that the defendant have any  benefit by the show it to he but rather charge and trouble to keep it and to  look on it but as to this the court will hear no argument for they hold it  clear a good consideration and this be the point dispute in the common bench  and therefore they command the judgement shall he affirm but Egerton solicitor  move that the judgement may he stay for another day and then move another  error that upon the writ to inquire of damage the plaintiff have no day give  he in court and no day be give to the defendant then to appear and vouch Henry  roll bk of Ent where the error be assign and admit good and this he say be a  manifest error and the court say they will advice of it but afterward the next  day it be move again and this error overrule for they say the course of the  common bench be to give no day but all the precedent in this court be  otherwise and the death of the party plaintiff abate the writ a and the  judgement be affirm a see also Edward de Acton burnel and Edward de  Mereatoribus a say vide pound will c croak Elizabeth er p