cccxvii GREENLIFF and baker case assumpsit the plaintiff declare that whereas  he be bind to the defendant in a obligation of forty pound for the payment of  twenty pound the defendant the second of No after in consideration that the  plaintiff at the request of the defendant have pay the say twenty pound  without suit at law promise to deliver to the plaintiff before such a day a  obligation by which one a be bind to the defendant in forty pound with a  letter of attorney to demand the same of the say a and to sue for Leonard er p  it in the name of the defendant which he have not do and in that matter the  plaintiff have judgement and thereupon the defendant bring a writ of error  first here be not any consideration for the payment of the money be no more  than he ought to do and which he be compellable to do c second the same be no  benefit to the plaintiff but only a matter of charge to sue the say bind  against a three upon the venire facias the sheriff return but twenty three  juror as to the first error it be the opinion of gawdy and Fenner justice that  here be not any consideration for the defendant have not any benefit by it and  the plaintiff do no more than he ought to do and the payment be in respect of  the debt and not of the defendant request and by gawdy upon this promise a  action do not lie for the plaintiff be not to have any benefit by it but  travel Fenner contrary and that the action lie for that as to the three error  the same be help by the statute of h and the statute of Elizabeth of imperfect  and insufficient return of any sheriff Fenner not only the return be nought  but also the pannel be insufficient and it be move by Tanfield that it be  adjudge in this court pasch Elizabeth betwixt cook and Huet that where a be  bind to b in forty pound b promise to a that if a will pay the money without  suit he will deliver he the say bind by which he be bind to the say b and it  be hold a good consideration quod to be concession per totan curian but that  be not like to the case at bar and it be hold in the same plea that if the  obligor pay the duty at the day and place that if the obligee will not deliver  the bind yet the obligor shall not have the detinue for it cro mich Elizabeth  in the king bench