Carthew Harrison versus cage ux refer to Finlay v Chirney Q b d salk SC Mod  Danv p assumpsit upon reciprocal promise between a man and woman to marry each  other and the woman refuse assumpsit c against the defendant and his wife upon  a special promise of the woman before marriage which be that in consideration  the plaintiff Harrison be a bachelor bad on such a day and place promise to  take her while sole to wife she while she be sole c promise the plaintiff to  take he for her husband then be aver in fact that he have tender himself to  marry her and bad request her to marry he but that she refuse and afterward  marry the defendant upon non assumpsit plead the cause be try at the assize in  Norfolk and there be a verdict for the plaintiff and l damage the woman be  worth when the plaintiff court her and afterward by the death of her brother  worth double that sum and now it be move in arrest of judgement because this  action will not lie upon the promise of marriage make by the woman for the law  do not intend that the man be advance by marriage and therefore such a promise  of marriage to he be of no consideration in law and by consequence no action  can be find thereon but this otherwise where a man promise to marry a woman  because in the eye of the law marriage be a advancement to the woman this  promise be void for incertainty for there be no certain time agree on when the  marriage shall take effect to which it be answer and so resolve per curian  that here be reciprocal promise and therefore as her promise to he be a good  consideration to make his promise Obligatory so by the same reason his promise  to her be a sufficient consideration to make her promise bind in this case as  well as in any other mutual agreement and the court do not allow that  distinction between the advancement of a man and of a woman in marriage and  that this be a good promise though the certain time of marriage be not agree  on especial since the plaintiff aver that he have offer to marry her and that  she Carthew refuse which in this case be necessary to be do to entitle the  plaintiff to this action notam it have be move before for a new trial because  of the excessive damage but upon reference to the chief baron ware who try the  cause he certify that the promise of the woman be well prove and that the  damage be more than be expect but that he do not think they so excessive as to  set aside the verdict so the the plaintiff have his judgement