Opinion
(October Term, 1792.)
When there is a judgment, an agreement to credit with sums due before judgment cannot be enforced.
JUDGMENT had been given for plaintiff on a bond, in the County Court of WARREN, for £ 29, and Williams, alleging he ought to have credits to a considerable amount, plaintiff agreed to come to a settlement, 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. Lyne had not paid it for him to 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 Colonel 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 and nonsuited the plaintiff. Colonel Davie cited Bull., 128, which cites Cro. J., 206.
See Bain v. Hunt, 10 N.C. 592.
(19)