¶1If the judgments were had by covin, he may traverse generally; but perhaps they were rightly obtained, and afterwards an agreement made to pay to much per month in satisfaction, &c. in the mean time the judgments were kept on foot. In this case the keeping the judgments on foot is traversable, and the payment is only an inducement, and a matter of inducement is not traversable. Judgment was accordingly given for the plaintiff. Jones 171. Bendl. 166.
1 N.C. 111
Beamont's case
Decided July 1, 1793
DEBT against an executor. He pleaded several judgments in bar. The plaintiff replied that those judgments were satisfied and kept a foot by covin to deceive him. The defendant traversed the satisfaction of the judgments, whereupon the plaintiff demurred, for the satisfaction is only an inducement to the fraud and covin. In an action on the case fur. assumpsit the defendant cannot traverse the consideration, but may the assumpsit. Dyer 361.
Decided 1793-07-01