case cumber against wade see S c sub nom cumber v wane Sm l c ed stram refer  to Heathcote v Crookshanks t r approve fitch v Sutton east comment on Steinman  v magnus east question Sibree v trip m W see turner v London and S W railway  company l r Eq observe upon Goddard v obrien Q b d follow Foakes v beer App  Cas see n re warren l j Ch distinguish lbberson v neck t l r refer to bidder v  bridge Ch d follow Underwood v Underwood p refer to Salton v new Beeston cycle  company I Ch the error of make time and place parcel of the issue be aid by  the statute of jeofail error from the common plea in a action of assumpsit and  several promise for modern report er p work for fifteen pound the defendant  plead that it be agree between the plaintiff and the defendant that the  defendant shall give a note for five pound Payable in fourteen day which be  pay and receive in satisfaction replication that be do not give the note and  put the time and place in issue demurrer after issue join reeves the plaintiff  by reply have make the day and place of give the note part of the issue and  that be ill sander wear by consent of the party and leave of the court they  may waive the issue beside it be aid by the statute of amendment which aid a  immaterial issue then a immaterial part of one be aid and the day and place be  immaterial therefore upon application to the court the day may be strike out  of the declaration reeves after issue join the record be close have it be  waive it shall not have be enter on record and that it be on record show that  it be not waive keb this issue be the same nature as payment before the day to  action on a bind wear the plea be ill the promissory note can be a  satisfaction to the indebitatus assumpsit for it be the same security a hob a  one bind be not a satisfaction for another b keb Mod b the reason of those  case conclude a promissory note from be a satisfaction to a promise this be  five pound for fifteen pound and at a future day the note only give a right of  action fourteen day hence the other be a present right of action actual  payment of a less sum be not a satisfaction c   Leon more c unless pay before  lee where accord be plead it must be a matter that the court can adjudge a  satisfaction d cro James roll Abr cro Elizabeth Yelv Lut d the reason why a  bind do not satisfy a bind be that it do not give a high remedy the note do  not give a immediate remedy e dyer Lutw e reeves as to the sum allege in the  declaration there may not be ten pound due for the sum be open and the jury  may give damage it be not then like the case of bind which be a sum modern  report certain a promissory note differ from the former for it reduce to a  certainty what be due though the same in nature wear though fifteen pound be  on bind yet ten pound may be pay fazakerly the note reduce the debt to a  certainty make it transferable and he may pay a debt with it which the simple  contract will not the defendant be under no obligation to give the note a bind  be not a satisfaction for a bind not because it be a choose in action but  because it be the same thing choose in action have be satisfaction for choose  in action Mod Mod roll Abr pl so be a account state raym salk a sum of money  award be pleadable in bar before performance this award be a choose in action  as well as the note and all the difference be in one the party in the other  the arbitrator settle what be due suppose the note have be endorse over the  defendant if this be not a satisfaction will be liable to the simple contract  too Pratt chief justice a lesser sum can be a satisfaction for a great in  money pay then sure a note can state account be a actual satisfaction of the  debt Eyre justice one may recover on a indebitatus assumpsit after a note give  therefore it do not destroy the debt it be something better as negotiable but  be a choose in action it can be a satisfaction roll Abr brow not even a  recognizance or statute staple Higgins case Rep a choose in action can be a  satisfaction because it must be a immediate present one without suit fortescue  justice the Act have make a promissory note in the nature of a bill of  exchange as to five pound for fifteen pound the jury may not give two pound  damage then reduce this to a certainty put he into a better condition a bind  Payable before the day of a former bind be satisfaction why not because it  extinguish the debt but because it put the plaintiff into a better condition I  can see the difference between this and a account state for in the one case  the party agree the sum and in the other the defendant give his note for it  modern report er p Eyre justice a award be not plead as accord and  satisfaction but as a determination of the matter between the party in the  nature of a judgement and be pleadable in bar to a action on a bind this term  Pratt chief justice deliver the resolution of the court the plea be not a good  plea in bar a but see tailor v baker Mod Hardcastle v Howard Hilary term Geo  term Rep notorious facts Kearsley v Morgan term Rep a if it have be a security  of a superior nature it will have be a extinguishment accord and satisfaction  will bar but five pound be not a modern report satisfaction for fifteen pound  he have a action on simple contract and it be but a simple contract still and  therefore can be a satisfaction judgement for the plaintiff