Payne v. Lansing

On a promise sfenmenVof *a judgment ed, and pay thereoffím ™- í.ion not tender of such xhe^rencUtion of the j“dgment alone gives no cause °vhere°the deffct aPPears 111 tion, it may be tageofbygeneral demurrer.

Demurrer to pleadings. This was a bill filed against the defendant, one of the attornies, &c. as of the term of Octoher, 1827, in which the plaintiff declared, that on the 9th March, 1826, the defendant promised, in consideration that the plaintiff would not assign a certain judgment which he held against G. Quackenbush, obtained in the Washington common pleas, to one J. b. B. that he, the defendant, as soon as a judgment should be rendered in the supreme court in lavor of the plaintiff against Quackenbush for the amount _ . ; . recovered in the common pleas, would take an assignment of the same, and pay him the amount thereof, exclusive of the costs in the supreme court. The plaintiff then avers, that in the February term, 1827, of the supreme court, here-covered a judgment against Quackenbush in that court on the judgment rendered in the common pleas, and that on the 4th December, 1827, he tendered to the defendant an assignment of the judgment recovered in the supreme court, and demanded payment, which was refused. There was a second count in the declaration, varying from the first only in stating that the promise of the defendant- was for the ad ditional consideration that the defendant had received of the plaintiff a certified copy of the judgment in the common pleas for collection. The defendant demurred.