atkins case atkins v far February the that SC Eq can Abr pl vin Abr pl the  defendant voluntary give the plaintiff a bind in the penalty of pound on  condition that if he do not marry her within a twelvemonth after date he will  pay her pound soon after under pretence of read it he take it against her  consent and carry it away with he the bill bring for the delivery of the old  bind or if cancel that he may execute a new one the plaintiff in the original  bill die intestate the mother as adminis atkins er p tratrix and thereby  entitle to the pound revive against the defendant the plaintiff as the bind be  go by the default of the defendant be therefore entitle not only to a  discovery here but relief by payment of the money and the defendant agree to  pay what be due for the principal sum of pound in the condition of the bind  with interest for the same at the rate of per cent from the day of fill the  original bill see Woodhouse v Shepley post vol key v Bradshaw vern the  plaintiff in the original bill and daughter of the present plaintiff do  thereby charge that be a single woman she become acquaint with the defendant  who make his address to her by way of courtship and for marriage and she  consent thereto and that on the that of February he voluntary execute to her a  bind in the penalty of pound on condition that if the defendant do not marry  her within a twelve month after date he will pay her pound on the that of  march follow pay her a visit and say he be desirous to read the bind she fetch  it he and at the defendant request give it he to read who take it and against  her consent put it into his pocket and immediate go away with it but come to  her again the next day she insist on the bind but he pretend he have burn it  and will execute another bind of the like purport and desire her to get it  draw she accord apply to the person who draw the former bind and he in  pursuance of the defendant direction ingross a new bind to the same effect  with the other and the defendant promise to execute the same but afterward  absolute refuse to do it and she therefore by her bill pray that the defendant  may be decree if he have not cancel the bind to deliver the same again and in  case he have destroy it then to execute a bind of the like tenor the defendant  by his answer to the original bill admit that in he become acquaint with mary  Atkins but that she be then and before a woman of very bad fame and character  and have be a orange girl in the playhouse and that he never make any address  to her except such as be usual make to woman of ill character and that during  his acquaintance with her he do execute a bind condition for a marriage within  twelve month but when he execute it apprehend it will not be of any validity  against he and that about two month after the execution of the bind some  difference arise between they she of her own accord deliver he the bind tell  he at the same time she have a gentleman will do better for her and that he  then put the bind into his pocket and that she do not within twelve month  after her give up the bind inquire after or ask for the same till the demand  set up by her atkins bill and that he never promise to give her any bind of  the like effect or ever give direction for any other to be draw and insist as  she deliver it up voluntary that he ought not to be oblige to execute any  other bind the plaintiff in the original bill die intestate and the mother  have take out administration and thereby become entitle to the pound due from  the defendant by his bind bring her bill of revivor against he Lord chancellor  the plaintiff in the original bill have certain a equity find on the bond be  go by the default of the defendant on which she may have have her remedy at  law and therefore be entitle not only to a discovery but relief by the payment  of the money and though the proof of the bond be force from her be by one  witness only it be no objection in this case for the plaintiff herself be  entitle to make oath of the loss of the bind and that it be thus take from her  and as this fact be prove by the oath of one witness against the oath of the  defendant in his answer and as there be likewise proof of the defendant offer  to execute a new bind that be a circumstance support the evidence of this  single witness sufficient to take it out of the general rule nor be there any  collateral circumstance to bar her for no other averment be necessary to be  make at law if she have the bind than that the money be not pay and as she  have by the defendant fault lose the bind she have sufficient aver it in her  bill nor be there a necessity that the promise shall have be reciprocal in  this case or any occasion for the court to relieve against the penalty of the  bind because it be not insist on by the original bill which be bring mere for  the five hundred pound which must be consider as the state damage between the  plaintiff and defendant his lordship therefore order that it be refer to a  master to compute what be due for the principal sum of pound mention in the  condition of the bind with interest for the same from the day of fill the  original bill at the rate of per cent per and atkins er p and decree the  defendant to pay what shall be so find due to the plaintiff and also the cost  of this suit Reg lib a fol see the difference between this case and that of  Woodhouse v Shepley post vol g