Cowlin v. . Cook

Decided July 5, 1793

Court of King's Bench · decided 1793-07-05

Decided 1793-07-05

¶1CREW, C. J., DODERIDGE, JONES, and WHITLOCK, JJ. By the words nonimplacitaret he has waived the benefit of the obligation; but yet this promise does not take away the force of the obligation, for he may sue the obligor presently, and the other may have his action on the promise quodnon implacitaret, which shall not be intended for an hour, or a day, but for his whole life. In Bracham's case, it was resolved that a consideration that he would forbear shall be intended for his whole life. But if it bepapululum tempus, it is a bad consideration. Poph., 183; Noy, 83; Hobb, 219; 2 Cr., 683.

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Case posture

Posture: In case. The plaintiff declared quod cum , the defendant was indebted to the plaintiff on an obligation in so much, and he intended to sue him, the defendant, in consideration that the plaintiff would deferre solutionem denariorum praedict , and not implead the defendant, he would pay him; and on this promise the action was brought. Littleton . This is not a good consideration, for he may forbear to sue him for an hour and sue him the next, or a day, etc. In M. 19, Jac., Keeble's case , it was determined that a lease at will is not a good consideration to ground an assumpsit to the lessor, for he may determine the lease presently.

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Court of King's Bench

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