reported the evidence to have been, that Toomer’s attorney applied to the defendant for satisfaction for some certificates he had received of the plaintiff soon after the war ; who answered, “ I have credited him in my account with the value of the certificates, if he will meet me atNewbern I will nettle with him;” and he further reported that Judge M’Cay and himself took time at the last term to consider of the motion for a new trial, and after the term, had both agreed that a new trial should be granted ; and he was now of opinion the verdict should be set aside and a new trial granted.
Haywood, Justice.
“I will settle with him,” imports a promise to pay that balance, if any; for what purpose would he settle and ascertain the balance, unless for the purpose of paying it, should it be found against him ?
A new trial granted on payment of all costs.