case harnan against harnan Trinity term James roll refer to in re fludyer Ch  to debt on bind a executor may plead a judgement recover on a simple contract  for unless he have notice of the bind it be no devastavit to pay such debt on  simple contract SC comb SC show lev   fitzg vern vern Prec Chan Mod Mod Mod  Peer wms Peer wms Peer wms case t t stram stram ld ray ld ray rich on will  bull n p Com dig pleader d term Rep debt upon a bind against a administrator  who plead full administer and that he have not notice of this bind before such  a day and a special verdict be find the question be whether notice be  necessary to be give of debt of a inferior nature the court give no opinion  but they agree that a judgement upon a simple contract may be plead in bar to  a action of debt upon a bind and that it be no devastavit in a executor to pay  a debt upon such a contract before a bind debt of which he have no notice  Vaugh b so where a obligor do afterward enter into a recognizance in the  nature of a statute and judgement be against he upon the bind and then he die  his executrix pay the creditor upon the statute and the obligee bring a to  know facias upon the judgement on the bind debt and she plead payment of the  recognizance this be hold a good plea ander Mod lev c for she be not bind to  take notice of the judgement against the testator without be acquaint  therewith by his creditor for she be in no wise privy to his act it be say SC  comb that in Michaelmas term James it be adjudge for the plaintiff but SC show  say the case be adjourn it seem however from both the report that the court be  of opinion that where the payment of a simple contract debt be compulsive it  be a good payment without notice but not where the payment of such a debt be  voluntary therefore in the case of Davis v Markhouse a executor to a action of  debt on bind plead a judgement recover against he on a simple contract debt  and upon demurrer the plea be hold good fitzg for otherwise a obligee may ruin  a executor by keep the bind in his pocket and he ought to give notice of it SC  bullers n p but in sawyer v mercer term Rep where in debt on bind the  defendant as administrator plead a judgement confess on the precede day in a  simple contract and do not aver that he have no notice of the plaintiff demand  the court be clear of opinion that the plea be bad that it be direct contrary  to all the precedent on the subject and if permit will overturn the whole  order of administration for it will enable a administrator in many case to  defeat a specialty creditor by confess as many judgement as he please on  simple contract debt a michaelmas term the second of James the second in the  king bench sir Edward Herbert Knt chief justice sir Francis Wythens Knt sir  Richard Holloway Knt sir Robert wright Knt justice sir Robert sawyer Knt  attorneygeneral sir Thomas powis Knt solicitor general