Goodwin v. . Willoughby , 1 N.C. 731 ( 1793 )

It is clearly void; he may plead non assumpsit.

At Trin. 2 Car., Jermyn prayed judgment pro quaerente, for there was a request of the defendant to forbear, and cited 10 El.; Dyer, 272. Promise in consideration that one had been bail for the defendant's servant held bad; aliter if it had been requested.

A further day was given. But I heard no more of it. Antea, 646; Noy, 81; Poph., 177; Palm., 441; 1 Cr., 126.