Dexter v. Hazen , 10 Johns. 246 ( 1813 )

ePer Curiam.

The evidence of the former trial and judgment was properly rejected, as it had not been pleaded, nor notice given 0f at the time of joining issue. But the promise declared on was without consideration. It was a mere license gratuitously given, revocable at pleasure, it being still executory. (8 East, 308.) The judgment must be reversed.

Judgment reversed.