case george therne against John full Michaelmas term James roll in a assumpsit  find on a collateral consideration as forbearance to sue another there be no  need to show the cause of the debt Cowp the style of the court of king bench  forbearance shall be intend a absolute forbearance the sue out of a writ and  arrest thereupon be a commencement of a suit error in a assumpsit the  declaration state that whereas Thomas full the defendant brother be indebt to  he thirtytwo pound which be not pay croak James er p he for the recovery of  the say debt extra curian dom ring ad placita in person Self ring tenant  assignat procure a alias capias to arrest he returnable quinden hill to answer  he in plea pillage and that he deliver that writ to the sheriff of Buckingham  who by virtue thereof on the that January in the same year arrest he that the  defendant afterward scilicet that April James in consideration that the  plaintiff at the defendant request ad tunc et ibidem will assent and be  content to desist from further prosecution of the say suit against the say  Thomas full so begin and will remit to he his cost the say John full assume to  pay that sum at the Feast of saint Michael croak throw or then to give he  security to pay the say debt to he at the end of six month and allege in fact  that he do forbear to prosecute and that he have not pay it nor give he any  security after verdict and judgement give for the plaintiff error be bring the  first error assign be because he do not allege how and in what manner he  become indebt say non allocatur for although it be true as all the justice  here agree that a assumpsit lie not upon a general allegation against the  party quod indebitatus assumpsit without show how he be indebt videlicet for  ware sell or money lend or such good cause yet forasmuch as the debt be here  collateral due by another a and the consideration be the stay the suit after  the arrest it be good enough the second error be because it be allege that he  pursue to be extra curian domini king ad placita c where as be allege there be  not any such court by that addition but it ought to have be extra curian  domini king in person Self ring tenant for the other addition be only for the  judge of the court that they be assign c say non allocatur for it be all one  in substance three because the consideration quod to discern by sense et to  stretch to be to forbear to prosecute be no sufficient consideration for he  may forbear one day and prosecute again the day follow say non allocatur for  it be a promise for a absolute forbearance of the prosecution for that be  imply fourthly the promise be in April and the arrest be in January before it  do not appear that the writ be return nor that it be continue nor what become  of it or that it have any offence and it can be say to be a suit commence say  non allocatur for be allege that the writ be sue out and that he be thereupon  arrest it be a sufficient commence thereof the stay of which be a sufficient  ground for this action wherefore notwithstanding these error assign upon the  first motion of they the judgement be affirm