Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Methol against Peck.

MEthol brought an action upon the case against Peck upon an assumption, and he declared that in considerat••on, that the Plantiff would pay unto one Pla∣ford 52. l. to the use of Peck such a day &c. Peck promised to redeliver his bond in which he was bound in the said summe, when he should be requ••sted to that; and he said that he paid the 52. l. to the use of Peck, and that the said Defendant had not delivered the said obligation licet saepius postea requisitus (fuisset,) and upon the issue of non assumpsit, it was found for the Plantiff, and now it was moved in arrest of judgement, because he had not shewed the day, and the place of the request, but the Court &c. Hobert, Hutton, and Harvey were of opinion, that judgement shall be given for the Plantiff; and yet they agreed he might have demurred upon the declaration, and that was good, and also they held, if that had been generally saepius requisitus &c. it had not been good; because the request is parcel of the promise, and therefore ought to be precisely set down to be after the promise, and the payment of the 52. l. but here they said, for the time it is very

well expressed by this word postea, and there is not any defect but only in the place, for postea implies, that this was after the promise, and payment of the money; and Hobert said, that all the points of the declaration quoad the sub∣stance are good, only it fails in the place where the request was made, and this va∣ried by the issue, and all the rest is sufficiently alledged to ascertain the Court, that the promise is broken; and Hutton said, that in his opinion such a request ought to be given in evidence; but Harvey said, that though the request is parcel of the promise, and that ought to be sufficiently alledged, and so it was here, so that the Court may give judgement of that, and he said, that postea requisitus had re∣lation to the time of the promise, and the payment of the money: and judgement was given accordingly for the Plantiff, in the said case.