atherley v er crying Euhan a simple contract debt be not discharge by be allow  in a settle account in a action of indebitatus assumpsit the plaintiff declare  as executor of John Cosins upon several promise sayer the defendant plead that  after the time of make the promise the plaintiff testator and the defendant  account together that upon the settle of sayer er p the account the defendant  be in arrear to the plaintiff tbstator in the sum of twelve pound that the  defendant afterward pay the say twelve pound to wit ten pound part thereof to  the plaintiff testator during his life and the remain two pound to the  plaintiff after his testator death upon a demurrer to this plea it be hold to  be bad and by rider ch j it have be say that as the payment of the twelve  pound which be plead special may have be give in evidence upon the general  issue the plea as to that part of it do amount to the generatissuo and  consequent that it be bad but it be not universal true that if a matter which  may have be give in evidence upon the general issue be special plead the plea  be bad for infancy or a release may be give in evidence upon the general issue  and yet either of these may be plead special we be of opinion that this plea  be bad because the matter therein allege and rely upon in bar of the action be  not a discharge of the original debt if the defendant have give a bind to the  plaintiff testator in satisfaction of the original debt this although it will  not have be a payment will have be a discharge of the original debt because as  the original debt be upon simple contract it will have be extinguish by the  bind which be a security of high nature sayer but it be not extinguish by be  allow in the settle account the case of Hilward v Ingram Mod Trin c have be  cite and rely upon in which it be hold that a simple contract debt be  extinguish by be allow in a settle account but in a subsequent case may v king  Mod Trin W the contrary be hold in the latter case the authority of the case  of Hilward v Ingram be express deny and its authority have be since frequent  deny sayer easter term geo sir Dudley rider chief justice sir Thomas denison  sir Michael foster sir John Eardley Wilmot justice