case Crosby jonathan MIDDLETON collison all distinguish squire v Whitton h l c  Eq Abr c S c a agree to be bind in a bind as surety to b and sign and seal it  accord but b the neglect of the clerk a s name be not insert the obligee show  a the condition and his name and seal demand payment and threaten to sue he  unless he will give fresh security which a agree to but after find the mistake  refuse not be bind by law yet equity will compel he a bind for pound be seal  and deliver by the defendant Jonathan and his brother Thomas for who he be to  be bind but collison who draw the bind leave out Jonathan name Thomas and the  plaintiff have several deal together for many year afterward and till Thomas  break and go to Jamaica in a ship whereof the plaintiff be partowner and after  that sell his part to one Rycocks in may the obligee come to the defendant  Jonathan and have fold down the bind show he the condition with his hand and  seal and demand the money or fresh security which he agree to and propose Mr  Rycocks who demand a sight of the bind find the mistake and dissuade the  defendant from enter into the new bind Mr bird a lawyer advice he that the  bind be void against he precedent in chancery whereupon the plaintiff exhibit  his bill to be relieve against the fraud in collison and to have a performance  of the defendant Jonathan last agreement Mr Vernon for the plaintiff insist  they be proper in a court of equity to be relieve against a accident or fraud  and that here have be frequent instance of relief in such case asthis Mr  Dobyns for the defendant insist that the party wasnever bind have commit no  fraud but on the contrary be circumvent into the last agreement for precedent  in chancery er p have he know that his name be not in the bind he never will  have treat and urge the presumption that it be pay and the staleness of the  demand if a man make a voluntary deed or gift in write which be not effectual  this court will not assist and they have not prove that they refuse to lend  Thomas themoney unless the defendant will become bind for it nor any treaty  thereon nor money lend nor any demand or interest pay in year and that will be  sufficient time to ground a presumption of payment even at a nisi prius if the  party have be able and we prove the deal of Thomas with the plaintiff almost  ever since Lord keeper your defence will not prevail for his hand and seal be  sufficient evidence for equity to relieve against I must decree it against you  upon the first agreement but since year be not a sufficient time to ground a  presumption in equity as you will have you may take a issue and try payment or  nonpayment next assize