1778-04-02 (static/transcriptions/1778/04/003.jpg)

1778. Sittings. [Thursday] April 2.

Title Evidence, In Viner’s Abridgement Vol: 12, page 191, placito 13. Is the following Cse. 1st Modern 210. Fits v Freestone.
“In an Action grounded upon a promise in Law, Payment before the Action brought is allow’d to be given in Evidence upon Non Assumpsit. But where the Action is grounded upon a Special Promise, there Payment or any other Legal Discharge must be pleaded.” And this is the whole case as it is printed in First Modern. In Vin: 12, about page 89 Letter R the same case is printed in the same words, and the Reference is in Vol. 23 to both cases by the Name of Fitch v Freestone.
Bacon’s Abridgment; title “Pleas and Pleading” Vol: 4: page 61, Paragraph 3. “So in assump” &c.
Every thing that shews the contract to be void may be given in Evidence on Non Assumpsit.
In the Present case of Ramanunda Roy v Kissenchunder Gose no point was determined.
In Bacon, under Title Duress, there is no case precisely in Point but the Cases in which it is said Duress must be [so?] given are all on Specialties. [ILL] the Statutes
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