case THEAKERS case the course of proceed in the writ de ventre to look into  where the widow be with child by her first husband and marry a second husband  before her delivery see hargrave   light b notorious facts winch cro Elizabeth  more register see note and hargrave   light p b peer wms Alphonsus Theaker  cousin and heir of William Theaker after the death of William Theaker because  he have not any issue alive at the time of his death but mary his wife be then  suppose to be enseint by he who die February and she be marry again to one  John Duncomb within a week after the death of her husband procure out of the  chancery a writ de ventre to look into of the say mary direct to the sheriff  of London to cause the say mary to be search whether she be with child by the  say William Theaker et when to be paritur no mention be make of her second  marriage and this writ be accord to the precedent of the case cro Elizabeth of  the like writ against lady Willoughby this writ be returnable in the common  plea the sheriff return that he have cause her to be search and return the  inquisition that by such person he cause her to be search and find her to be  enseint et quod to be paritur within twenty week wherefore he now pray a  second writ out of this court to be direct to the sheriff of Surrey because  she be remove with her husband to Wandsworth in Surrey and there inhabit that  the sheriff may take her into his custody and keep her until she be deliver of  her child that there may not appear to be any false or supposititious birth  and that in the interim he shall cause her to be view every day by certain  matron name by the court in the writ and that some of they shall be at the  birth of the child accord to the say precedent of lady willoughby case but  because in that case the lady be a widow and so such a course may well be  observe but here she be a feme covert who ought to cohabit with her husband  they will not take such a course with her but leave her with her husband he  enter into a recognizance that she shall not remove from the house wherein  they then inhabit and that one or two of the woman return by the sheriff shall  see her every day and that two or three of they shall be present at her  travail for it be croak throw say that this issue may be well say to be the  child of the first husband and shall inherit his land so as if there be any  false or supposititious birth the cousin and heir may be disinherit wherefore  a writ be accord award to the sheriff of Surrey to cause her to be see every  day until her delivery by two at least of the say woman return by he and that  three of they or more shall be present with her at her delivery so as no  falsehood may be in her birth note after this course observe she be deliver of  a female child who be afterward by inquisition find to be the daughter and  heir of the say William Theaker decease a ante b see car c which aid this  error after verdict croak James er p trinity term James in the king bench sir  ranulph crew Knt chief justice sir John Doderidge Knt sir Thomas chamberlain  Knt justice sir Thomas Coventry Knt attorney general sir Robert heath Knt  solicitor general Harris v de Bervoir croak James er report date case peter  harris against peter de BERVOIR easter term James roll if one man give money  to another to pay it over to a three person the beneficiary and use may  maintain either a action of debt or account against the bailee for the  recovery of it dyer Yelv hob Leon Leon roll Rep lev stram Mod burr Cowp debt  suppose that one squire deliver to the defendant one hundred pound to pay to  the plaintiff and that he have not pay it to the plaintiff wherefore he bring  this action after verdict upon non debet it be move in arrest of judgement  that debt lie not for there never be any contract betwixt the plaintiff and  defendant nor any delivery of the money by the plaintiff to the defendant and  therefore no action of debt lie yet peradventure he may have account upon this  receipt but no other action but it be agree that the bailor if the money be  not deliver to he to who it ought to be deliver may have action of debt or  account at his election but he to who use the bailment be make shall have  account only Damport for the plaintiff agree that if money be deliver to  another to deliver to I S or to the use of I S there I S shall not have action  of debt but account only but when it be deliver as it be here solvend to I S  which be intend in satisfaction of a debt there it be not countermandable and  he who be to receive it as a debt may upon this receipt have a action of debt  or account and to this purpose the record of a judgement be show in Trinity  term James in the common plea greenville v Slaning in debt suppose that George  greenville deliver such a sum to be pay to the plaintiff and for nonpayment  debt be bring and adjudge for the plaintiff vide Henry dyer Edward pl Edward  debt that the bailor may have debt or account but not that cesti and use shall  have croak throw that action but Henry pl Henry pl be that cesti and use the  delivery be make may have debt or account and of that opinion be Doderidge and  lea wherefore rule be give that judgement shall be enter for the plaintiff  unless other cause c vide Henry pl