cclxxxvi SIDENHAM and WORLINGTONS case in a action upon the case upon a  promise the plaintiff declare that he at the request of the defendant be  surety and bail for I S who be arrest in the kingsbench upon a action of and  that afterward for the default of I S he be constrain to pay the after which  the defendant meeting with the plaintiff promise he for the same consideration  that he will repay that which he do not pay upon which the plaintiff bring the  action the defendant plead non assumpit upon which issue be join which be find  for the plaintiff Walmsley sergeant for the defendant move the court that this  consideration will not maintain the action because the consideration and  promise do not concur and go together for the consideration be long before  execute so as now it can be intend that the promise be for the same  consideration as if one give I a horse and a month after I promise he for the  say horse he shall never have debt for the nor assumpit upon that promise for  there be neither contract nor consideration because the same be execute  Anderson this action will not lie for it be but a bare agreement naked bargain  because the contract be determine and not in be at the Leonard er p time of  the promise but he say it be otherwise upon a consideration of marriage of one  Leonard of his cousin for marriage be always a present consideration Windham  agree with Anderson and he put the case in h if one sell a horse unto another  and at another day be will warrant he to be sound of limb and member it be a  void warrant for that such warranty ought to have be make or give at such time  as the horse be sell periam justice conceive that the action do well lie and  he say that this case be not like unto the case which have be put of the other  side for there be a great difference betwixt contract and this case for in  contract upon sale the consideration and the promise and the sale ought to  meet together for a contract be derive from con and to draw which be a draw  together so as in contract every thing which be requisite ought to concur and  meet together videlicet the consideration of the one side and the sale or the  promise on the other side but to maintain a action upon a assumpit the same be  not requisite for it be sufficient if there be a move cause or consideration  precedent for which cause or consideration the promise be make and such be the  common practice at this day for in a action upon the case upon a promise the  declaration be lie that the defendant for and in consideration of l to he pay  postea sure that be to say at a day after super see assumpit and that be good  and yet there the consideration be lie to be execute and he say that the case  in dyer Elizabeth will prove the case for there the case be that the  apprentize of one hunt be arrest when his master hunt be in the country and  one baker one of the neighbour of hunt to keep the say apprentize out of  prison become his bail and pay the debt afterward hunt the master return out  of the country thank baker for his neighbourly kindness to his apprentize and  promise he that he will repay he the sum which he have pay for his servant and  apprentize and afterward upon that promise baker bring a action upon the case  against hunt and it be adjudge in that case that the action will not lie  because the consideration be precedent to the promise because it be execute  and determine long before but in that case it be hold by all the justice that  if hunt have request baker to have be surety or bail and afterward hunt have  make the promise for the same consideration the same have be good for that the  consideration do precede and be at the instance and request of the defendant  Rhodes justice agree with periam and he say that if one serve I for a year and  have nothing for his service and afterward at the end of the year I promise he  for his good and faithful service end be may have and maintain a action upon  the case upon the same promise for it be make upon a good consideration but if  a servant have wage give he and his master ex abundant do promise he more  after his service end he shall not maintain a action for that upon the say  promise for there be not any new cause or consideration precede the promise  which difference be agree by all the justice and afterward upon good and long  advice and consideration have of the principal case judgement be give for the  plaintiff and they much rely upon the case of hunt and baker Elizabeth dyer  see the case there cro Leonard trin Elizabeth in the common plead