case stone against WYTHIPOL EXECUMP p WYTHIPOL Trinity term Elizabeth roll or  assumpsit can be maintain against a executor on a promise to pay the debt of  his testator if the testator be under age at the time the original contract be  make unless he have promise to pay after he come of age for there be not  original any cause of action post dyer in mark Ro ab Leon yely Leon side  strange Cowp term Rep post assumpsit and declare that whereas the testator be  indebt to he for certain piece of velvet and for of money lend etpro to visit  other goods good et catallis and promise to pay he at such a day and die  before the day and the plaintiff have a intent to sue the defendant he require  he to stop his suit till such a day and he will pay he or give he security  whereupon he stay c the defendant show that at the time of the delivery of the  good to the testator he be within age and thereupon it be demurrer Egerton for  the plaintiff that the consideration here be good and consist of diverse part  the debt precedent the testator promise though within age and the defendant  promise and the promise of the infant be not void but for his nonage he may  help himself by plea but if debt have be bring against he and he plead niAil  dehet it shall he find against he and if at his full age he have promise  payment it have be good and in fm oh conscientice the promise of the infant  have be good and Elizabeth the case be Lord grey be indebt to diverse and  after his death Lord grey his son who be not his executor croak Elizabeth er p  nor Chargeable with the debt when the creditor complain and demand their debt  of he tell they that if his father be indebt to they he will pay they and upon  this it be hold a action la and the promise of the execute for be upon good  consideration for the plaintiff surcease his suit and the executor be free of  trouble and this matter will maintain suit in chancery coke contra that it be  no consideration for every consideration that do charge the defendant in a  assumpsit must he to the benefit of the defendant or charge of the plaintiff  croak Elizabeth and no case can he put out of this rule and this contract by  the infant be void and stay of suit be no benefit to the defendant nor any  charge to the plaintiff more than be before and this be no consideration to  sue in chancery for no suit there against a express rule of commonlaw and deny  the case of Lord grey and the defendant be not Chargeable to pay the money the  stay of suit be no benefit to him And afterward the court be clear of opinion  the action do not lie for the contract of the infant be mere void and in debt  against he he may plead nothing dehet Egerton say it be adjudge in this court  in Edmund v Burton that where a infant be town in a obligation and at his full  age he promise payment a action be maintainable against his executor upon this  promise to which the court agree for the bind which be the ground of it be not  void but voidable and he caw not plead non be factum or nothing dehet to a  bind a and if at his full a ge he have accept a defeasance of the bind this  have make it good and in the easy cite the promise be by the infant himself  which in conscience he ought to pay but the defendant be in a remote degree  and it be adjudge against the plaintiff