case Thursby against warren Trinity term car roll a attorney may maintain a  assumpsit in consideration of solicit a cause in other court than that in  which he be admit and a promise to pay he what a three person shall award for  his trouble be lawful ante post Jones cro Elizabeth roll ab Hobart Lut skin  cro James more Mod stram Com dig hawk p c in assumpsit the statute of  limitation must be plead though the declaration allege a promise six year  before ante post vent vent lev sand Lutw Cowp term Rep error of a judgement in  the common plea in a assumpsit by Elizabeth warren executrix of William warren  where the plaintiff declare whereas upon the that day of July the defendant be  indebt to the say William warren be a attorney of the common plea in diverse  sum of money tam pro misis et custagiis per Self William warren for the say  Thursby lie out at his request for the croak car er p prosecute and defend of  diverse suit for the say defendant and for his fee in diverse term beside his  expense and other sum of money lie out by the say William warren as servant  and solicitor to the say defendant in diverse other court in Westminster at  the request of the say defendant in prosecution and defence of all his suit in  the say court and in the court of Lynn king be a court of record as also for  his salary and diverse other sum to he due and to be pay by the defendant for  his wage as steward of diverse of his court in the county of Norfolk and yet  to he due and unpay and also in diverse other sum of money expend by he at the  request of the defendant as well about his other business as for his labour  for the same to he due and unpay and the defendant be so indebt to the say  William warren he the same day and year at Lynn aforesaid deliver to he a note  in write mention the say sum a amount to thirtynine pound two shilling and  ninepence require he to pay it that the defendant in consideration of the  premise then and there assume and promise that if James Sedgwick a attorney of  the common plea there present will peruse the say note and affirm it to be  reasonable he will pay to the say warren all the sum mention in the say note  and allege in fact that the say James Sedgwick the same day year and place  upon view of the note affirm it to be reasonable and notwithstanding that the  defendant have not pay it to the say William in his life nor to the plaintiff  his executrix although often require the defendant plead non assumpsit and be  find against he and damage assess to twenty pound and judgement enter a writ  of error be bring and the error be assign because he demand fee as solicitor  in other court where he be not attorney which be maintenance and unlawful and  then the assumpsit be void in part be void in all so that when entire damage  be give and judgement for all it be error croak car and all the court conceive  that a attorney may very well be a solicitor for his client in other court as  well as in the court where he be attorney and be Allowable and a promise to  pay he for it be lawful and so may a servant for his master and it be no  maintenance as Edward especial as this case be have lie out money at his  request and give a note thereof to a stranger to view whether reasonable or  not and a promise to pay it if by he think reasonable which of itself be a  sufficient consideration and all the court conceive that a solicitor of a  inferior rank which solicit cause for his client may take recompense and take  a promise to repay what sum he shall lie out but if a person of superior rank  shall do it it be maintenance as it be in Elizabeth dyer all the court  thereupon agree that the assumpsit be good and the judgement be affirm see  Henry Henry Henry note also that another exception be take by bank because the  promise be upon the eighteenth day of July and the breach assign for not pay  upon request be in September and the action be bring in the common plea in  Michaelmas term car and so above six year after the promise and breach and  then by the James c he ought not to maintain that action but because it be not  plead though the declaration be in Michaelmas car the original writ not be  certify nor appear when it be sue out the court do not much regard it and  thereupon the judgement be affirm this year in Trinity term there be nothing  do remarkable a see James c the Geo c S and ray Carth term Rep croak car er p  croak car michaelmas term car in the king bench sir Nicholas hide Knt chief  justice sir William Jones Knt sir James Whitlock Knt sir George croak Knt  justice sir Robert heath Knt attorney general sir Richard Sheldon Knt  solicitor general