Runnamaker v. Cordray

Citations

• 54 Ill. 303

Syllabus

<p>1. Promise of a judgment debtor to pay the judgment. A recovery can not be had. against a party upon a verbal promise to pay a binding judgment which has been rendered against him.' Such a promise is without consideratio(i4_and_can not increase or change the liability of the debtor.</p> <p>2. Merger—judgment. Nor can the original consideration upon which the judgment was rendered be recovered under the common counts; for that consideration is merged in and extinguished by the judgment.</p> <p>3. Evidence under common counts—judgment. The record of a judgment is not evidence to support the money counts in an action of debt. It is not evidence of money had and received, loaned, paid out and expended, or of an account stated.</p>