case lee against MYNNE and his wife executrix of Thomas tanner on a promise  make to a husband to pay debt due to his wife as executrix and in her own  right dumb sola to be in consideration of forbearance and of other good  deliver the husband may sue alone ante post SC Yelv cro Elizabeth cro car side  lev Bulst Jones Carth salk Bac ab Mod will ld ray Com dig to Rep forbearance  how to be allege Cowp negative pregnant in assumpsit by a husband in  consideration of forbearance of a debt due to his wife in auter law it must be  aver that his wife be alive when the promise be make post Yelv   light b  assumpsit whereas Thomas tanner be indebt to Thomas James in twenty pound and  the say Thomas James die and make Elizabeth his wife executrix and whereas the  say Thomas tanner be indebt to the say Elizabeth James in ten pound for  merchandise buy of her and after the say Thomas tanner die and make his wife  now the wife of the defendant his executrix and leave to her asset and after  the say Elizabeth James take the plaintiff to husband June Elizabeth who June  Elizabeth require payment from the defendant wife of the say sum the defendant  wife then and there in consideration he will forbear the say debt until  Bartholomewtide follow and will deliver to her servant to the defendant use so  much ware as he require promise that she will pay for all at the say  Bartholomewtide and allege in facto that he forbear the say debt and do  deliver so much Brazil wood to the defendant servant George Gill to the  defendant use amount to such a sum and she have not pay the defendant take  issue that he do not deliver to her servant modus et form prout c issue be  thereupon join it be find for the plaintiff and after verdict move in arrest  of judgement first because the ground of action to the plaintiff arise  principal from the plaintiff wife as executrix to her husband and for debt due  to her dumb sola to be therefore she ought to have be conjoin in the action  for otherwise the damage which be give in this action can be a bar of the debt  and the damage be give for the debt and to the value of the debt therefore it  be reason they shall be a bar of the debt which can be as this case be  Yelverton hold it to be a good cause of exception but William and Tanfield e  contra for it be but part of the cause of the consideration and the other part  be by reason of the delivery of the ware also the forbearance be his act only  and therefore the action lie for he only and although they all agree that  damage recover in a assumpsit may be a bar of a debt yet it be not so by law  in this case the consideration be collateral second for that he allege  forbearance of the suit thereby but do not allege that he forbear the payment  say non allocatur croak throw three that the issue be misjoined for it ought  to have be that George croak James er p Gill be not her servant for it be now  a negative pregnant say non allocatur for it tantamounts Tanfield upon read  the record take another exception because he do not allege that his wife be  alive a at the time of the promise make for otherwise he have not any debt nor  can the forbearance thereof be any cause of action and of that opinion be  William and Yelverton wherefore aeteris send away it be adjudge for the  defendant