2 Blackf. 118 | Ind. | 1828
The defence set up on the trial below was, that on the third of May, 1827, after the note on which suit was brought had become due, Berry paid Bates a certain other debt of 30 dollars and upwards, and 2 dollars and 66 cents in part discharge, of the note on which suit was brought; and Bates then agreed, that he would not urge the payment of the balance of the note until Christmas following; and pledged his word and honour to that effect. The Circuit Court very correctly decided that Bates was not legally hound by that promise.
Even an agreement under seal, not to sue for a limited time, cannot be pleaded in bar as a release. The party, in that case, must resort to his action of covenant as his only remedy. 2 Salk. 573.-5 Bac. Abr. 683.—1 Esp. N. P. 244
The judgment is affirmed, with 5'per cent, damages and costs.
Vide Reed v. Shaw, Vol. 1. of these Rep. 245, and note.