These specifications of error resolve themselves into a single point—the plaintiff’s right to demand the .damages recovered of him, before they were paid. An action for money paid to the defendant’s use, is grounded on an implied promise which is raised out of the consideration of actual payment; ■ánd a mere liability to pay will consequently not raise it. So would it be in this action, were the promise that the defendant would reimburse the plaintiff what he should actually disburse on the defendant’s account; but it was a promise of general indemnity which ■was broken by the recovery of the judgment; and what is the compensation? Certainly no less than will make the party whole; and he is not whole while he is instantly and incessantly exposed
Judgment affirmed.