cccxl smith and HITCHCOCKS case assumpsit traverse in a action upon the case  the plaintiff declare that whereas the defendant be indebt to he maii  Elizabeth the defendant in consideration that the plaintiff will forbear to  sue he until such a day after promise at the say day to pay the debt the  defendant plead how that maii Elizabeth he be indebt unto the plaintiff in the  say sum for assurance of which afterward he acknowledge a statute to the  plaintiff upon which he have execution and have levy the money without hoc  that he be indebt to the plaintiff before well post the say day to some place  modus upon which the plaintiff do demurrer it be argue that the traverse be  not good for the consideration in assumpsit be not traversable because it be  but conveyance and amount to the general issue as in debt upon the sale of a  horse it be no plea for the defendant to say that no such horse be sell to he  partridge if the conveyance be the ground of the suit it be traversable a  action upon the case against a ostler it be a good plea that he be not a  ostler h see h Br traverse in a action upon the case the plaintiff declare  that whereas the defendant to have ex deliberation of the plaintiff certain  good the say defendant in consideration of be shilling assumpsit and eiden to  express grief to let go salvo to watch c non Leonard er p to have ex  deliberation be a good plea Godfrey the defendant do not answer the point of  our action which be the assumpsit but only by way of argument e in trespass  upon the statute of r by the master of a college and his con Leonard freers  the defendant do justify by reason of a lease make by a predecessor of the  plaintiff and his confreers by their deed under their common seal the  plaintiff to fold back say that at the time of the make of the lease there be  no such college and it be hold no plea for it be no answer but by argument  gawdy justice in all case where the defendant may wage his law there the  conveyance be traversable Wray the cause of the action be the assumpsit  therefore the consideration be not traversable for it be not the point with  which the plaintiff be charge and it be common here that the declaration in  such action upon the case in consideration of diverse sum of money without any  more certainty be good which shall not be good if the consideration be  traversable but the consideration be to be give in evidence and it be also  common that in a action upon the case in trover and conversion the trover be  not traversable for the conversion be the point of the action Fenner justice  the debt here be no cause of the action but only the assumpsit in debt upon  arbitrament the arbitrament be traversable so in debt for rend upon a demise  the demise be traversable for the arbitrament and demise be the cause and  ground of the action at another day it be move again and gawdy different  opinion say that consideration executory be traversable as where one in  consideration that he may marry my daughter or of service promise to pay the  same consideration be traversable contrary of a consideration execute and  afterward judgement be give for the plaintiff cro before trin Elizabeth in the  court OF ware