BEVEN versus cowling action upon the case upon a promise that if he will not  sue such a one he will pay it where good and where not in a action upon the  case Littleton move in arrest of judgement for the defendant wherein the case  be this the defendant assume that if the plaintiff will defer the payment of a  bind in which one a be bind to he and will not implead he upon it then he  promise to pay it and he do not say that he defer the payment until such a day  and therefore this be no valuable consideration so that the action do not lie  for notwithstanding this be may implead he present mich James Kebles case a  man promise to pay so much in consideration of a lease at will and it be hold  no good consideration for by the same breath that be create it be may defeat  it and pasch James austin case a man promise that in consideration he will  forbear another he will pay it and no time be limit and therefore it be hold  no good consideration Trin Elizabeth rot a man promise quod non implacitabit  and aver quod non implacitavit and because of the uncertainty it be hold no  valuable consideration Doderidge justice if there be no consideration at the  time or no cause of action the forbearance afterward will not make it  actionable and he say that it have be Popham er p adjudge in this court that a  consideration to forbear for a little time be not good but by some to forbear  for a reasonable time be good but in the principal case upon the bear of the  declaration read it appear that it be that he shall never implead he upon the  say obligation so that if the plaintiff bring a action upon the obligation the  defendant here may have a action upon the case against he also it be non  implacitabit and this shall be take indefinite quod never implacitabit and  therefore the judgement be affirm for otherwise the plaintiff shall both take  advantage of this promise and of the bind also and here he have in a manner  forsake the benefit of his bind and have betake himself to the benefit of this  assumpsit by Jones and Whitlock justice if a be bind to I and I enter into  bind to he that I will not sue this obligation I can sue he upon the first  obligation without forfeiture of my bind and by Doderidge if a obligation be  forfeit and I say to the obligee do not sue the obligor or do not implead he a  action upon the case lie against I the same term in the same court