cciii Penson and HIGBEDS case in assumpsit the plaintiff declare that in  consideration that he by his servant have deliver to the defendant two bill of  debt amount to the sum of solubiles eiden to express grief to be receive by  the defendant at roan in Normandy to his own use the defendant promise to pay  to the plaintiff and upon this matter judgement be give and now a writ of  error be bring and assign for error because it be hot show in the declaration  that the bill be seal or that they be make to the plaintiff and here be not  any consideration for the defendant have not any remedy to compel the party to  pay the say debt if they refuse Godfrey if the money be not pay at roan to the  defendant he shall have a action upon the case for this be a assumpsit in law  which Wray to go away for it be a mutual promise and agreement and it be argue  to the contrary that here be not any sufficient consideration for it do not  appear that the defendant have any remedy for to recover the money and  Elizabeth it be hold that where the plaintiff declare in a action upon the  case that in consideration that he have deliver a bill of debt to the  defendant and have make a letter of attorney upon it c the defendant promise  to pay to the plaintiff and because that the plaintiff notwithstanding that  may release the debt or revoke the letter of attorney and so defeat the  defendant of the whole profit c that the action upon the matter do not lie  also for another cause the consideration be not sufficient for it be illegal  because maintenance but if it be I upon the consideration precedent it have be  good enough as if I be indebt to a and b be indebt to I I may assign to a the  debt which b owe I Golding although the consideration be but of small value  yet it be good enough and if a in consideration b will assure to he the manor  of d promise to pay to b although the party have not any interest or title to  it yet it be good and also though the consideration be executory yet it be  valuable for if the money be not pay at roan the defendant shall have a action  upon the case against the plaintiff it be also object that upon the  declaration it do not appear that the defend if the Leonard two bill be not  pay may have a action upon the case against the plaintiff for there be not any  express assumpsit on the plaintiff part that the money due by the bill to the  plaintiff shall be pay to the defendant for if it have be so then it have be  good for then there have be a reciprocal promise which be not here nor can be  collect by any word in the declaration cook it do not appear upon the  declaration by who nor to who the money due by the two bill shall be pay for  it may be that they be due to the defendant and then the deliver of the two  bill be not any consideration quod Clench gawdy to go away the case be adjourn