Bafeild v collard alein er report date alein report mich car banc king and  BAFEILD ADMINSRATRIX versus collard car rot assumpsit sur mutual promise to  pay a livre a may have the action so may the party or his administrator in a  action upon the case the plaintiff declare that upon communication of a  marriage to he have between the intestate daughter and the defendant son it be  agree that the intestate shall give the son livre with his daughter and that  if the daughter survive the son the defendant shall pay her livre after his  death and mutual promise be make between the intestate and defendant to  perform the agreement and show that the marriage be bad and that the intestate  pay the I and die and that the son die and assign breach in the defendant  nonpayment in delay administer c and upon non assumpsit it be find for the  plaintiff and Maynard move that the action ought to have be bring by the  daughter for it have be adjudge that it lie for her upon such a promise and so  the defendant shall otherwise be double charge but upon good debate judgement  be give for the plaintiff for the consideration move from the intestate and  the promise be make to he yet it be agree that it may be bring by the daughter  h Talams case where upon promise to the wife that if the husband will release  tatam out of execution the defendant will pay the debt the husband alone bring  the action and lie the promise make to himself and recover and the court in  delay administer be good enough though the money be to be pay to the daughter  because it be a duty to the intestate and the damage recover will be asset  however it be but form and well enough and roll say that the very point in the  principal case be adjudge Pasc James between Ashdall and Bernard and Bacon  cite Elizabeth rimon and Norton case where the defendant son make a assault  upon the plaintiff and his father and the father be go to a justice of peace  to complain and have a warrant for he to bind he to the peace the defendant in  consideration that he will forbear to complain promise the alein report  plaintiff that his son shall not assault he any more and upon forbearance and  a new assault the plaintiff bring his action and recover for the consideration  move from the son who shall have be secure from assault if the complainant  have proceed and it be resolve here that there need no notice of the death of  the son alein report er p