Hil. 16 Jac. Bigg versus Malin.
BIgg brought an action upon the Case against Malin,* 1.1 as Admini∣strator, and counts that whereas the Intestate was indebted to him in ten pounds, and the Defendant also was indebted to him in forty shillings, they accounted, and upon account the Debt being twelve pounds,* 1.2 the Defendant being Administrator did assume and promise to pay it, Et licet saepius requisitus non solvit: And upon Non assumpsit pleaded, the Verdict was found for the Plaintiff: And by Finch, it was moved in Arrest of Iudgment, that the Plaintiff had not shewn in this Count sufficient consideration to charge the De∣fendant, because that it doth not appear that the Defendant hath As∣sets. But the Court disallowed that, for if that were necessary it ought to be presumed to be found in the Verdict; As in the case, in conside∣ration that the Plaintiff had sold and delivered to him twenty quar∣ters of good and merchantable Barly, the Defendant promise to pay