case harnan against harnan Trinity term James roll refer to in re fludyer Ch  to debt on bind a executor may plead a judgement recover on a simple contract  aver that he have no notice of the bind SC comb debt on a bind against the  defendant as executor who plead payment of a debt on a simple contract before  notice the plaintiff demurrer Mr porter argue that it will be a mischievous  inconvenience if a dormant bind of which there be no sort of notice may oblige  they seven year after all the asset be pay upon debt though of a inferior  nature between debt of a equal nature there be no need of notice judgement on  debt on a simple contract though obtain against the executor may be plead in  bar to bind he cite and and show what a unreasonable thing it be to force a  executor to stand out a suit to answer cost de good not common with others  when he know the debt demand on a simple contract be real due and he have  asset and no notice whatsoever of any debt of a high nature in the case of  brook v jenning Vaughan chief justice Atkins and Ellis justice be of opinion  that debt upon simple contract may be pay before bind unless the executor have  timely notice give of such bind the court it seem reasonable but the  difference usual take have be where the payment of simple contract be  voluntary and where compulsive Adjournatur a d but it be now settle that the  informer can be a witness where he be entitle to any part of the penalty see  king v stone mich term Geo where it be say that diverse conviction have be  quash for the same reason before ld ray a it be say SC comb that the court  give judgement for the plaintiff a the court agree that a judgement upon a  simple contract debt may be plead in bar to a action of debt upon bind and  that it be no devastavit in a executor to pay a debt upon such a contract  before a bind debt of which he have no notice and rely on the case of  Edgecombe v do you Vaugh to and brook v Jennings Mod SC Mod but it be adjourn  and in Michaelmas term James shower KB er p