case fabian against plant a promise make by a husband after the death of his  wife to pay for good sell to her while live as a feme sole trader will not  support a action for it be a undertake for which there be no legal  consideration say quaere for he be entitle to administration case in the mayor  court upon a indebitatus assumpsit general for fiftyseven pound accord   the  custom of the city non assumpsit general plead upon evidence the debt demand  be for good sell to the defendant wife while live and thereon be a special  verdict find to this effect that the defendant be a freeman and of the company  of Hatbandmakers that Hannah plant decease late wife of the defendant for  several year pass in a certain house in the liberty of the city vita Self  Hannah do dwell distinct and apart from the defendant for which house she pay  rend and in the same house sola to drive the art of gimpe lace make and the  defendant do no manner of way intermeddle in the art aforesaid and that a the  Geo c but see Geo c and Geo c b see also the case of Andrews v Herne lev to  the same effect shower KB er p the plaintiff do sell and deliver diverse good  to the say Hannah in order to carry on her trade aforesaid in the whole amount  to fiftyseven pound for which the plaintiff now declare that the defendant for  twenty year pass have not exercise any trade but for all the say time be a  minister dissent from the English church and to certain person dissent from  the say church he do often preach that the say wife of the now defendant do  not keep any shop but for the time aforesaid in her trade aforesaid in attic  house pillage operaba they further find that the defendant do promise to pay  the say fiftyseven pound to the plaintiff but that the say promise be make to  the plaintiff after the death of the say wife and not before et si c Mr darnel  argue that here be a promise which make he Chargeable for that be a consent to  her have the good and that if he be not liable the creditor will be wrong here  be no feme sole trader because it be not in any shop of which notice may be  take and he do not exercise any other trade his wife be liable to be imprison  and therefore his promise make he Chargeable at commonlaw they be but one  person and a delivery of good to her be to his use beside this be prima fancy  a charge upon he and the custom only make it voidable as in case of infancy if  a executor assume to shower KB pay after six year elapse he be Chargeable in  his own right though he may have avoid it so here though he may have avoid it  yet have promise he charge himself I argue e contra that a promise without  consideration be void that here be none and therefore this be void that here  be no consideration because he be not liable the case of Barker v fox sand and  sand be both express that the promise be void because it do not appear that by  the consideration the defendant be Chargeable with the debt a it be not find  that these good be for necessary that they be use in the plaintiff presence no  cohabitation but the contrary find and so the husband not Chargeable accord to  the case of Manby v Scott b but here she be plain a feme sole trader it need  not be in a shop for some trade be never exercise in shop as particular this  and so be Phillip read in manuscript in Mr Lightfoots custody upon this custom  which I have see then for the book all that I can find except now and then a  assertion that there be a custom in London of a feme sole trader be the case  of Bowett v Langham c hold by croak Hutton and Harvey justice that if the  husband intermeddle with the trade of his wife she be not a feme sole but if  he relinquish it or become a bankrupt or be over sea or be of another trade or  never intermeddle in it she be within the custom these be word of the book and  by Richardson chief justice he who sell ought to take notice at his peril  whether a feme covert or feme sole merchant by the custom and so be cro car  and it be there agree that if the husband at the same time use not the same  trade or meddle therewith she be a feme sole merchant and in light Rep be the  word of the custom as return on a habeas corpus and that be the true measure  of know it where a woman exercise a trade in which the husband intermeddle not  she shall have all advantage and be sue as sole now here it be find that he  intermeddle not she live apart and use the trade alone the good be deliver to  her for the carry on that trade so that it be plain he know her to be such  this be a privilege a freeman wife have and it be not fit it shall be a burden  to he by the custom of the city she may use a trade alone so after his death  unless she marry a freeman and then she lose that freedom these custom be  sacred the promise be not till her death and then he be not liable shower KB  in any manner of wise in her life time he be only nameable for conformity d  but he be not to put in any bail neither his own person nor his good be  Chargeable only she now she be dead if he have intermeddle at any time during  her life or possess himself of any of the good or the profit of such her trade  he have be Chargeable because that it will have be a intermeddle but now here  this consideration be no advantage to the plaintiff and consequent not good as  to the wrong to creditor it be a see also Poph and march b side to lev Mod Bac  Abr c hetley d see Caudel v shaw term Rep shower KB er p at their peril but no  more than in thousand of other case and here the plaintiff know her and her  trade as to void and voidable I say it be nothing because here he be never  liable for as to the executor case after six year there be a new promise but a  old consideration continue and the statute be pleadable so of infancy here be  no obligation upon he Adjornatur c afterward rider give judgement for the  defendant and declare Treby to be of the same opinion quaere for it deserve  consideration if such a feme sole trader acquire a estate and die and the  husband possess himself of it if he shall not be answerable for her debt  shower KB hilary term the three of William and mary in the king bench sir John  holt Knt chief justice sir William dolben Knt sir William Gregory Knt sir  Giles eyres Knt justice sir George Treby Knt attorney general sir John summer  Knt solicitor general