case Mallory against lane in the exchequer Chamber if a person in who favour a  promise be make forgo some advantage or benefit which otherwise he may have  take or have or suffer a loss in consequence of such promise it raise a  sufficient consideration to support a assumpsit roll ab Hobart dyer in  notorious facts cro Elizabeth Leon Powel on contract to Rep cro error in the  exchequer Chamber of a judgement give in the king bench in a assumpsit for  that whereas the father of the defendant Mallory be indebt to he the say lane  in two hundred pound do deliver to the say lane two statute of sir John  Wentworth of four hundred pound and promise to make he a assignment and letter  of attorney to recover and receive the say debt upon the say statute and die  before any assignment the defendant pretend himself to be executor to his  father request the plaintiff lane to deliver to he the say statute and in  consideration that he will deliver they promise to pay to he two hundred pound  at such a day and that upon his promise he deliver to he the statute and that  he have not pay c Mallory the defendant in the king bench plead non assumpsit  and find against he and judgement accord and now it be assign for error that  it be not a sufficient consideration to croak James er p ground a action for  the plaintiff have no interest in the statute and the redelivery of they to  the defendant be no more than a delivery of such thing as belong to he if he  be executor but it be here allege that the defendant Mallory pretend himself  to be executor he do not show that he be executor and then he have no benefit  by the delivery of they to he say non allocatur for all the justice and baron  hold it to be a good consideration for when lane have the statute deliver to  he lawful although he have no assignment of they so as he may sue they yet he  may retain they and therefore this delivery of they to the defendant Mallory  without suit be a sufficient consideration also they hold although the  defendant Mallory be not show to be executor but pretend croak throw himself  to be executor yet obtain the statute into his hand upon this consideration it  be a sufficient ground for the action against he wherefore the judgement be  affirm