CCLXII. Crane and Juniper's Case. Trin. 30 Eliz. In the Kings Bench.
THomas Crane brought an Action upon the Case against Juni∣per, and one John Matthew, upon an Assumpsit; and declared, That in Consideration that the Plaintiff took upon him, That whereas William Matthew was endebted unto him in divers sums of Mony at the time of the death of the said William, that he would not molest the said Defendants being Executors of the said William Matthew before the 10th day of May next following, the Defendants promised to pay to the Plaintiff debitum praedict. at the said 10th day of May; And declared further, Quod non molestavit: and yet, although saepius requisit. the Defendants had not paid him, &c. And upon Non Assumpsit pleaded, It was found for the Plaintiff. And it was Objected, That the Plaintiff had not maintained nor averred his Assumpsit; for the words of it are, Non molestavit nominatos Executores Testamenti & ultimae Vo∣luntatis William Matthew; but he ought to have averred more spe∣cially, quod non molestavit Juniper & Matthew, named Executors of William Matthew, nor any of them, by their names: Also he ought to have pleaded, Quod non molestavit, before the said 10th day of May, according to his promise. And also he ought to have shewed in his Declaration, how that he did not trouble them for the Debt of the Testator, &c.