1782-03-14 (static/transcriptions/1782/03/050.jpg)

1782 2 Term [Thursday] March 14th
12 Viner 248 King v Hill.
I believe there is some very Modern Case in Burrow, in which it is determined that a Release may be given in Evidence on Non Assumpsit, and I believe the Law is now so settled, but I think it would have been better to make him plead it.
12 Viner, page 69 to 80.
(Z a) Evidence. What must be pleaded or may be given in Evidence.
There are several cases which shew that a Release may be given in Evidence on Non-Assumpsit, and will intitle the Defendant to a Verdict, and not meerly be in mitigation of Damages.
And in the 4 first Volumes of Burrow-Mansfield, there are several cases which shew it to be settled.