case Andrew Farrer against edward English a receive money of b in discharge of  c and agree to sign a release to the use of c the acceptance of the money be a  good consideration for a promise by b to procure a mutual release from c and  after verdict a declaration on such a promise be good without show why b pay  or a receive the money or that the release b seal be sufficient although it be  aver to be deliver to a stranger to the use of c post cro Elizabeth cro James  Cowp term Rep assumpsit the plaintiff declare whereas in consideration he be  content and will accept the sum of S of the defendant in discharge of all  reckon and account betwixt the plaintiff and one Thomas English the defendant  brother b who be then out of the county of Norfolk and will seal and deliver a  general acquittance to the use of the say Thomas as he shall be require that  the defendant assume and promise to the plaintiff he will procure the say  Thomas English when he return into Norfolk to seal and deliver a general  acquittance to the plaintiff and he allege in fact that he accept the say S in  satisfaction of all reckon and that may James at Norwich he seal and deliver a  general acquittance to Edward smith to the use of the say Thomas English and  that upon the say first day of may James the say Thomas English return into  Norfolk and that the defendant although require by the plaintiff the say saint  of may have not procure the aforesaid Thomas English to make a general  acquittance send hoc to make inside object the defendant plead non assumpsit  and find for the plaintiff athoe sergeant move in arrest of judgement first  because there be not any sufficient consideration why Edward English shall pay  or the other shall accept the say S in satisfaction and shall make that  promise say non allocatur for he pay and the other accept be sufficient second  because the consideration be not sufficient allege to be perform on the part  of the plaintiff be executory for he allege that he deliver a general  acquittance but show not any whereby it may appear to the court to be a  sufficient acquittance croak car three because it be allege to be deliver to  Edward smith to the use of the say Thomas English who be a stranger and  peradventure can not or will not deliver it to Thomas English and it be the  intent of the party to have it deliver to the party himself or to Edward  English who be party to the promise and for these two last reason I hold that  the declaration be not good but the Lord Hobart Harvey and Yelverton conceive  the declaration to be well enough for the promise be general to seal and  deliver a general acquittance to the use of the say Thomas English be  sufficient without allege that he deliver a general acquittance accord to the  word of the promise and the word be that he shall deliver to the use c and he  allege that he deliver to Edward smith to the use c be also good enough  especial after verdict upon non assumpsit wherein he deny the promise but not  the performance of the consideration but Lord Hobart say if he have demurrer  upon the declaration because he do not show the say acquittance it may  peradventure hive be otherwise and it be adjudge for the plaintiff b but now  by car c no action shall be bring to charge a defendant on a special promise  for the debt default or miscarriage of another unless some memorandum or note  thereof be in write and sign by the party or by his authority croak car er p