case Mapes executor of Holdick against sir isaac Sidney assumpsit on a promise  in consideration that the plaintiff will forbear per magnum time to sue  another person on his bind be good cro car Com dig Cowp in a assumpsit on a  promise to pay in consideration of forbearance where the writ allege that he  forbear per magnum time but the declaration show that he forbear per magnum  time videlicet from the time of the promise to a particular day it shall be  intend that he forbear until the day of the writ a   Ent croak James er p  assumpsit for that the defendant in consideration the plaintiff will forbear  to sue one I S on a obligation of eighty pound promise to pay to he the say  debt and allege in fact in the writ that he forbear to sue the say I S per  magnum time and that the defendant have not as yet pay it to he although  require croak throw the declaration be that he forbear he per magnum time  videlicet from such a time of the promise until such a day which be for a year  and a half after the promise yet he have not pay it the defendant plead non  assumpsit and it be find against he to the damage of eighty pound Hitcham move  in arrest of judgement first that this assumpsit be not ground upon a  sufficient consideration videlicet that he shall forbear for a certain time so  as it may appear to the court that there be a sufficient time of forbearance  and a sufficient consideration to maintain the action as in Sackfords case a  it be adjudge that a assumpsit for the payment of a debt in consideration to  stay a suit per little time be adjudge void so in another case b that he shall  forbear per breve time although he allege forbearance for half a year a action  lie not for the consideration be no sufficient ground for the action second  admit that the consideration to forbear c shall be good because it shall be  intend to be a total and absolute forbearance yet the declaration be not good  because the writ be per magnum time he have forbear to sue not mention any  time and the declaration that he do forbear per magnum time scilicet from the  time of the promise until such a day c and do not show that it be until the  day of the writ c for if he do not perform the consideration on his part there  be not any cause of action and then here it shall be intend that he do not  forbear until the day of the writ because the day of the writ be not show and  it shall be intend strong against the plaintiff that he do forbear but until  such a day and afterward before the writ bring sue that action and upon these  exception it be argue at large Lord Hobart winch and Hutton Jones be absent in  chancery hold that the plaintiff shall recover for they all conceive that a  consideration to forbear to sue a person for such a debt be a good  consideration and it shall be intend a total and absolute forbearance as  Hutton and winch hold and that if the defendant pay it before upon this  promise and after the plaintiff sue for the debt the plaintiff be Chargeable  in a action upon the case for it be a imply promise in the plaintiff that he  shall forbear his suit total but yet when the plaintiff have forbear a  convenient time when there be no time mention if the defendant do not pay the  debt accord to his promise the plaintiff may well sue he upon his promise and  he needs not tarry all his life and here when he show that he forbear per  magnum time videlicet such a day and year that well agree with the writ and  when the date of the writ do not appear it shall be intend that he do forbear  until the day of the writ and so the action be well bring Hobart chief justice  agree with they that the action be well bring and the declaration good because  he show he do forbear it for a convenient time and he hold that he be not bind  by this agreement to forbear total and deny that upon this agreement he be  Chargeable in a assumpsit if he after this debt recover from the defendant  shall sue for the same debt for it be not a promise to restrain he total and  without express word he be not Chargeable by promise wherefore it be adjudge  for the plaintiff a easter term Elizabeth cro Elizabeth b ante croak James er  p