clvi stone and WITHYPOLLS case stone bring a action upon the case against  Dorothy Withypol the executrix of W Withypol her husband declare that where  her say husband for certain yard of velvet of the value of fourteen pound pro  to visit other goods be indebt to the plaintiff in the sum of ninety two pound  and make the defendant his executrix die that after his death he come to the  defendant and demand of her the say debt who give to he such answer forbear I  until Michaelmas and then I will pay it you or put you in sufficient security  for the Leonard true payment thereof and declare further that at Michaelmas  aforesaid the defendant do not pay nor have find any security and show a  request to which the defendant say that the say testator at the time of the  say contract for the velvet and other ware be within age and upon that bar the  plaintiff do demurrer in law Egerton solicitor for the plaintiff as I conceive  these contract make by the plaintiff be not mere void so that if a action of  debt or upon the case have be bring against the testator himself he can not  have plead upon the matter nothing debet or non assumpsit or non be factum but  he ought to avoid the matter by special plead and therefore here it be a good  consideration and I conceive that if the testator at his full age have assume  to pay the debt that that promise will have bind he Elizabeth t be the case of  the Lord grey his father be indebt to diverse merchant upon simple contract  and die seize of diverse land which descend to his son and heir in fee the  creditor demand their debt of the heir who answer unto they if my father be  indebt unto you I will pay if and upon that promise a action be adjudge  maintainable although the heir by the law be not Chargeable and also here the  defendant be to have ease and shall avoid trouble of suit for perhaps if she  have not make such promise the plaintiff will have sue her present which shall  be a great trouble unto her and therefore it be a good consideration cook  contrary no consideration can be good if not that it touch either the charge  of the plaintiff or the benefit of the defendant and none of they be in our  case for the plaintiff be not at any charge for which the defendant can have  any benefit for it be but the forbearance of the payment of the debt which she  be not compellable to pay and as to the suit of the chancery the same can make  any good consideration for there be not any matter in the case which give  cause of suit in chancery for they will not order a matter there which be  direct against a rule and maxim of the commonlaw as if a feme covert be bind c  and the obligee bring her into the chancery and if a man threaten I that if I  will not pay to he To give back he will sue I in chancery upon which I promise  to pay it he no action will lie and a infant be not Chargeable upon any  contract but for his meat drink and necessary apparel z and in debt upon such  necessary contract the plaintiff ought to declare special so as the whole  certainty may appear upon which the court may judge if the expense be  necessary and convenient or not and upon the reasonableness of the price for  otherwise if the necessity of the thing and reasonableness of the price do not  appear the chancellor himself will not give any remedy or recompense to the  party Wray justice conceive that the action will not lie for the contract be  void and the infant in a action against he upon it may plead nothing debet and  if a infant sell good for money and do not deliver they but the vendee take  they he be a trespassor but if the infant have be bind in a obligation with a  surety and afterward at his full age he in consideration thereof promise to  keep his surety harmless upon that promise a action lie for the infant can  plead non be factum which see mich Elizabeth n the case of one Edmund and  afterward it be adjudge against the plaintiff cro Owen   Leonard er p trin  Elizabeth rot in the king bench