Andrews Scudamour against hearne and his wife to debt on bind against a  administrator be plead judgement obtain in the sheriff court of London on suit  commence after the present suit for simple contract debt of the intestate a  citizen to citizen allege a custom for debt lie thereon in the sheriff court  plea hold have for not aver that the administrator be bind to pay such debt as  if due on bind debt on bind against the defendant as administrator to which  they plead that there be a custom in London that if one citizen of l become  indebt to another citizen of l upon a simple contract and remain so indebt at  the time of his death a action of debt will lie thereon in the sheriff court  against his administrator as upon a to go away to loosen and they aver that  one of the defendant and the intestate be citizen of l and the intestate be  indebt within the city c and then they plead several judgement recover in the  sheriff court of l for the say debt c and upon a demurrer to this plea it be  object by Mr denison that the custom intend by the defendant be not well set  out it be state only that a action of debtlies against administrator for a  debt due on a simple contract as on a to go away to loosen whereas this be not  sufficient to give the simplecontract debt any kind of priority unless it be  add that the administrator be bind to pay it as if it be due on obligation  Snellings case   b a which be not law per holt I ld ray a the consequence  hereof be that as it appear on this record the suit in the sheriff court be  bring after the present action whereby notice be give of the plaintiff demand  this must be pay preferable to the judgement here plead but it be say by Mr  denison that if a executor suffer judgement for a simplecontract debt of his  testator be may discharge this though there be a bonddebt unless he have  previous notice thereof but per chapel just it have not yet be carry so far as  this but where the judgement be by compulsion see this distinction of Chapples  I overrule by Lord Hardwicke in Hawkins day ambler and there be no notice of  the other debt the judgement may be satisfy and so it be determine in Magworth  and Davies b Davies monkhouse FitzG bull n p b in C B Andrews in the principal  case lee c j also object that it be not show in the plea Andrews er p the  contract be make within the city it be say only that the intestate be indebt  to the party within the city so that for aught appear the contract may have be  make elsewhere and this be say be a strong exception and Mr denison inform the  court that he have acquaint sergeant draper who be counsel on the other side  with the exception now take by he and that the sergeant have refuse to defend  the plea judgement be give for the plaintiff