BOURKMIRE versus darnel mich Ann see S C ld raym with note salk S C Mod c  where there be a collateral undertake for the act of another it must be in  write see before smith versus Westhall vide t r Cowper assumpsit c in which  the plaintiff declare that the defendant in consideration he the plaintiff at  the instance and request of the defendant will lend and deliver to one Joseph  English One eunuch of he the say plaintiff to ride to read in Berkshire he the  defendant assumpsit and promise to the plaintiff that the say Joseph shall  redeliver the say gelding safe to he the plaintiff upon non assumpsit plead  the evidence at the trial be that the say Joseph English will have hire the  gelding of the plaintiff but can not prevail with he till the defendant come  and do undertake for the redelivery upon which the counsel for the defendant  insist that the plaintiff ought to produce a note in write of this agreement  which be overrule there be a verdict for the plaintiff and it be move in  arrest of judgement and per curian adjudge that it be void by Salkeld the  statute of fraud because it be a collateral undertake for the act of another  and in such case the statute require that it must be in write the difference  be where the whole credit be give to the undertaker in such case the three  person be in nature of a servant and there be no remedy against he it be true  the undertake be good but it be not within the statute and therefore not  requisite it shall be in write but where the undertaker come in aid only to  procure or obtain credit for another so that the remedy may be against both  this be a collateral undertake for another and make void by the statute if it  be not in write Bt per curian in the principal case the plaintiff may maintain  a action of detinue against Joseph English upon the original Salkeld er p  delivery of the gelding and therefore this promise make by the defendant be to  answer for the act and default of another for which reason the verdict be set  aside car cap