CCXV. Edmond's Case. Mich. 29 Eliz. In the Common Pleas.
IN an Action upon the Case against Edmonds, the Case was, That the Defendant being within age, requested the Plaintiff to be bounden for him to another, for the payment of 30 l. which he was to borrow for his own use; to which the Plaintiff agreed, and was bounden, ut supra, Afterwards, the Plaintiff was sued for the said Debt, and paid it; And afterwards, when the Defendant came of full age, the Plaintiff put him in mind of the matter aforesaid, and prayed him that he might not be damnified so to pay 30 l. it being the Defendant's Debt: Whereupon the De∣fendant promised to pay the Debt again to the Plaintiff: Vpon which promise, the Action was brought. And it was holden by the Court, That although here was no present consideration upon which the Assumpsit could arise; yet the Court was clear, That upon the whole matter the Action did lie, and Iudgment was given for the Plaintiff.