brown and ware against barker brown and ware bring a action against Barker and  they declare that whereas there be a suit depend between the plaintiff and  other coppiholders of such a manor in the chancery against brook their lord  and that one winch woolsey be there clark and that he for his fee and for the  procure of a decree have disburse and that there be a communication between  the plaintiff and the defendant concern the same he be a coppiholder of the  same manor that in consideration that they will pay to woolsey he will pay to  the plaintiff S upon request and the plaintiff show that they have pay the and  that the defendant have not pay the S although postea often require to be and  upon non assumpsit plead it be find for the plaintiff and now it be move in  arrest of judgement by crook sergeant first because he be a stranger to the  suit for he have not allege that the defendant be a party and then it be no  consideration but this be overrule because they pay the upon his request the  second exception be that this postea often require be not sufficient in this  case because that be ought to express the certainty when and the place where  the request be make after the promise and the pay and be say there be a  difference where a thing be a present duty and where it be a duty upon request  or upon any collateral act there the request be traversable otherwise when it  be a duty upon a contract or upon a obligation there although often c be  sufficient and accord to this it be adjudge hill throw rot debt upon a  arbitrement between one Prideaux and Walcot for the payment of upon request  and it be allege there that he have not pay that although often require and it  be adjudge that in this case it be not sufficient because it be not a duty  present but upon the request and the place where the request be make ought to  be put in certain and he cite another case h throw between hill and more  adjudge in this point of assumpsit as in our case for where it become to be a  debt Payable upon request there ought to be allege a time and place of the  winch er p request and so h Elizabeth one Welborns case where a man promise to  pay so much money for cost of a suit when he shall be request to pay that and  there after verdict judgement be arrest and Hobert say that the request be  part of the cause of the action and for that it ought to be set down precise  and there ought to be a promise break and such a promise upon which a issue  may be take