Note. — Vide Bain v. Hunt, 3 Hawks, 592.
Tune v. Williams, 2 N.C. 25, 1 Hayw. 25 (1792)
Oct. 1792
·
North Carolina Superior Court
2 N.C. 25, 1 Hayw. 25
Tune v. Williams.
Judgment had been given for the Plaintiff on a bond, in the County Court of Warren, for twenty-nine pounds; and Williams alleging he ought to have credits to a considerable amount, Plaintiff agreed to come to a setilement, and credit the judgment with such sum as he had paid : they came to this settlement, and credited all but fifty shillings; and Williams assumed to pay that sum if Mr. Lyue had not paid it for him to the Plaintiff. Mr. Lyne in fact had not paid it, and a warrant was brought upon this assumpsit, and judgment for Plaintiff: and the suit removed by certiorari to this Court, Upon the evidence here, it was objected by Col. Davie, that there being a judgment now existing for this fifty shillings, no action upon assumpsit could be-brought for it; and so ruled the Court arid nonsuited the Plaintiff. Col. Davie cited Bull. 128, which cites Cro. J. 206.