case pilchard against kingston a declaration in assumpsit on a promise that if  a marry b and make her such a jointure the defendant will make good to he her  fortune of l need not show that the wife be not possess of so much money see  car c assumpsit whereas the defendant have communication with the plaintiff  for the marriage of one Margery affirm that her portion be six hundred pound  the defendant in consideration that he will marry the say Margery and assume  that such land shall be assure to her for her jointure promise the plaintiff  that he will pay to he one hundred pound et strong to make to he the say  portion of six hundred pound that he at the request of the defendant espouse  the say Margery and do not say he have assure such land to her for her  jointure and a this case be now provide for by the statute of distribution car  c but this Act do not extend to a feme covert intestate see the car c croak  car er p that the defendant have not pay the hundred pound nec strong to make  to he the say portion of six hundred pound the defendant plead non assumpsit  which be find for the plaintiff Grimston move in arrest of judgement that the  declaration be not good because the plaintiff have not show that be may not  have the say portion or that the say Margery have not such a portion for it  may be the say Margery have such a portion in her own hand or in good debt and  the defendant do not promise to pay but to make good the portion which be  perform if she have such a portion and therefore the plaintiff ought to show  what he want thereof and such allegation that he strong to make part be not  good but all the court hold that the declaration be good enough for it pursue  the word of the assumpsit in the breach allege and these word tantamount that  he will warrant that he shall have such a portion with his wife and he plead  non assumpsit and the jury find damage which intend that they give damage for  so much as be want accord to their evidence whereupon it be adjudge for the  plaintiff b