baker v ersus Edmons hill car rot action sur Le case in a action upon the case  the plaintiff declare that the defendant be indebt to one Gode in the sum of  be for c and be so indebt promise to pay he which Gode be indebt to the  plaintiff and become bankrupt whereupon a commission upon the statute be sue  forth and the commissioner do assign debt is owed prwd Gode in quadarn  sebedula continent preed top I be to the plaintiff c the defendant plead that  he make no such promise to Gode and by special verdict it be find that the  defendant be indebt to Gode but in I be which he promise to pay and that the  commissioner assign debt is owed proad Gode mentionat in a certain schedula  continent bread top I be to the plaintiff and if this be same promise that the  plaintiff have declare upon they find for the plaintiff and two objection be  make that it be not the same promise because the plaintiff have declared 6f a  promise to pay I be and the ury find the promise to be but of I be that upon  the whole record it appear that the plaintiff have not make a good title to  his action for he have allege the assignment to be of a debt of be whereas the  debt be but I be and this be a entire alein report thing will not pass by the  assignment of a great sum but it be answer and resolve that it be the same  promise for if Gode himself have bring the action he shall have recover upon  this verdict and the assignment by the commissioner vest the debt in the  plaint and he have the same remedy to recover as the bankrupt himself h d and  the difference be take between a action upon the contract it self c for there  if the party mistake the sum agree on be fail in his action but if he bring  his action upon the promise in law which arise from the debt there though be  mistake in the sum he shall recover and so have it be adjudge the assignment  be not in question for the issue and verdict be conclude to the promise and so  that which they find touch the assignment be not material however the  assignment be not lie to be of such a sum as by that name for then it will  have be a question whether good and the court incline that it will not have be  good in a ejection firmoa u I verdict the case be that one be seize alein  report er p