bokenham versus thacker Trin James rot before Mod the plaintiff declare that  whereas one Thomas silly be indebt to he in a certain sum of money amount to  above and whereas the defendant as he say be indebt to the aforesaid silly in  or thereabouts the defendant in consideration that the plaintiff at the  special instance and request of the defendant will procure a order from the  say Thomas silly in write under his hand direct to the defendant for the  payment of the money which the defendant owe to the say Thomas silly or any  part thereof the defendant do promise to the plaintiff that he will pay the  say money or any part thereof accord to the say order and set forth that he  pmissioni adoption pillage fide to hold toward do procure a order of the  aforesaid silly in write direct to the defendant request he upon sight of the  note to pay to the plaintiff or his order five pound and place it to the  account of the say Thomas seily and the plaintiff show Ventris he the say  order at such a day and place and request he to pay the say five pound and  that he do not pay c and upon this declaration the defendant demurrer and by  levinz for the defendant it be argue first that the note be not allege to be  procure at the request of the defendant Leon merry and Lewis in consideration  that he will repair a house at the defendant request be promise to pay and  allege that be repair and it be hold nought after verdict for not say he  repair at request second this be not for a duty to the plaintiff but  collateral and become due upon a special promise and therefore a request ought  to have be lie with time and place but both the exception be overrule and  judgement by the whole court be give for the plaintiff for when it be say to  be agree that if he do procure at the defendant request a note there shall not  be intend any request to be mean other than what be include in the agreement  otherwise if the word have be to procure a note when he shall be request but  as this agreement be no subsequent request be intend see for that the case of  Bretton and Bolton in cro cro pointer case and cro Berisford and Woodroffe as  to the second point if a demand be necessary in this case the whole court be  of opinion it be sufficient lie ut above videlicet that at such a day and  place he show the note and request he to pay it without say adtunc ibidem  request he to pay it for all shall be intend do together levinz cite hill and  wade case in cro as to the request say notam in that case the promise be to  pay it upon request but here the promise be not lie so in the declaration  therefore I take it no request at all be necessary