alfrey plaintiff against blackamoor defendant a action upon the case for a  promise latch Benl in a action upon the case for a promise for payment of a  marriage portion upon non assumpsit plead a verdict be find for the plaintiff  it be move in arrest of judgement that the declaration be not good because  that no notice be therein express to be give by the plaintiff to the defendant  of the day of the marriage before which time the defendant be not bind to pay  this accord to barrow case Elizabeth dyer fol against this it be urge that no  notice here be to be give the money here by Bulstrode the promise be to be pay  ad diem maritagij well infra ten die post maritagium but if notice ought to be  give of this it be sufficient for he to give this in the declaration and if  notice be requisite this be then imply in the request make and here the  promise be make by the father where the promise be make by a stranger there  notice be to be give but needs not to ill this in the declaration but where  the promise be make by the father as here in this case the same be no notice  be requisite to be give and this be the difference for the law presume that he  have notice of this and so this be not to be allege in the declare known  Bulstrode er p cion if it be no part of the promise the notice here be no part  of the promise as it be urge and the request only imply a notice this be a  notice in it self Jones justice if one do promise that I S shall pay a sum of  money to a three person upon the marriageday of I d he ought to pay this at  his peril coke pars in Boothies case there it appear no difference to be where  the payment be to be to the party and where to a stranger upon request a  request here be to be lie but no notice and here be a request lie the which  imply a absolute notice here the party have election to pay this at the day of  marriage or ten day after here the same not pay at the day then the ten day  after be his day of payment here the request be lie and that he have not pay  this and this imply a sufficient notice as if one be bind to make a conveyance  such as the counsel of the other shall advice and show in his action bring for  breach that the counsel do advice such conveyance and that he require he to  execute this and show not that he give he notice of the particular of this in  Frances case coke pars fol it appear that a request imply all other  circumstance in this case the declaration be good and judgement ought to be  give for the plaintiff Whitlock justice the sole point here considerable be  whether the notice be any part of the promise as to this nothing can be the  substantial part of the assumpsit but that which be contain in the declaration  request be to be make to he to have he by this to take notice that the  marriage be pass so that the request and notice be all one and no cause there  be to express any notice to be give to he the request be a sufficient notice  of it self and clear no notice ought to be here lie in the declaration the  whole court agree herein that the declaration be good without any notice  therein allege to be give which needs not to be and therefore by the rule of  the court judgement be give for the plaintiff notam that Hitcham sergeant Le  roy be present in court when this last matter be debate inform the court that  he have the same day move the judge of the c b in the like case and there it  be adjudge by they all clear in the like case and the same question make that  no notice be to be give but if notice be requisite then they hold also clear  that the request be make employ a notice and be a sufficient notice in it self