cclv fish brown and saddler case intrat mich Elizabeth rot action upon the  case assumpsit and consideration Covin a action upon the case be bring by fish  and brown against sadler hill Elizabeth rot and they declare that they be  proprietary of certain good which be in the possession of one a against which  a sadler one of the defendant have commence a feign and covenous suit in the  ecclesiastical court in the name of one collison to the intent to get the say  good into his possession of which the plaintiff have notice and to the intent  that the say plaintiff shall suffer the defendant to recover and obtain the  say good by the say suit the defendant do promise to the plaintiff to render  to they a true account of the say good and show further that by the say suit  the defend do obtain the say good by sufferance of the plaintiff Tanfield it  be a good consideration the plaintiff be not party or privy at the beginning  of the suit it be not like Onlies case in Elizabeth dyer where in a action  upon the case only declare that the defendant countess c be a widow have  diverse suit and business and that the plaintiff at her request have bestow  great labour and travail and have expend daughter of the Sun the affair of the  say countess l whereupon she promise to the plaintiff to pay all the say  expense and such a sum above for that matter which be the ground of the action  be maintenance and malum to hold before but such matter be not here for it be  lawful for a man to use mean to get his good gawdy all covins be abhor in law  and here the plaintiff be privy to the wrong and therefore it can be any  consideration Wray although that the suit at the beginning be wrongful and  covenous yet when the plaintiff who be owner of the say good do assent to such  proceed now the suit be become just and lawful ab beginning and so no wrong in  the consideration but all the wrong be purge by the agreement if any covin be  the same be between sadler and he who be sue to who the plaintiff be not privy  Clench if this privity betwixt the plaintiff and sadler have be before the say  suit then the con Leonard er p sideration be without any fraud Cooper sergeant  conceive here be not any good consideration upon which the promise of the  defendant may be Leonard ground for the defendant have not any benefit by it  and he cite the case between smith and smith Elizabeth Egerton here the  consideration be go d enough for the plaintiff for bear their own suit which  be a hindrance unto they Clench be of opinion that the plaintiff shall not  have judgement for that suit be begin by sadler in the name of collison  without his privity and therefore it be unlawful and the same be for the good  of another man which be unlawful also and then when the unlawful act be begin  the illegal agreement afterward that they shall proceed be unlawful also and  therefore there can be any consideration and as to the covin it be not  material for without that the matter be illegal enough also the declaration be  not good in this because it be not show in what court the suit do depend so as  it may appear unto we that they have power to hold plea of it gawdy agree with  Clench in the first point and also in the last and by he in the assumpsit the  plaintiff declare that a suit be depend betwixt the defendant and another and  where the plaintiff if they be produce may have give strong witness against  the defendant the say defendant in consideration that the plaintiff will not  give testimony against he promise to give to the plaintiff the same  consideration will not maintain this action because it be unlawful for any man  to suppress testimony in any cause Wray here be a consideration good enough  for where sadler shall lose cost upon the first suit now upon this promise  upon his account he shall be allow the same the which be a benefit unto he and  as to the show in what court the suit do depend that needs not by way of  declaration but the same shall be show by way of evidence and it be not  traversable and it be but inducement to the action and as to the covin that be  not here for covin be always to the prejudice of a three person but so it be  not here but in truth this suit be unlawful for sadler so to sue in the name  of another and therefore it can be a good consideration and for that cause it  be award quod to express grief nothing to take in hand per billiam cro trin  Elizabeth in the king bench