case walker against walker a general indebitatus assumpsit will not lie on a  wager to recover the money from the loser but if the stake be deposit it lie  by the winner against the stakeholder S c comb S c Mod S c holt ante post vent  lev Mod Mod salk skin comb Bac Abr fitzg Cowp term Rep counsel move in arrest  of judgement because the action be for money win at play on a wager by a  general indebitatus assumpsit which be not a good promise in law for there be  no debt see Cowper a and the verdict be general and entire damage give it can  be good there be case on both side and the point be now depend in a cause in  the exchequer Chamber e contra though it be yet in the case of Egleston v  lewen lev b in Hilary term in the thirtythird and thirtyfourth year of Charles  the second in sir Francis pemberton time a judgement in this point be affirm  holt chief justice it be so but since we come hither we have hold the contrary  that it do not lie it be mere a wager and no indebitatus assumpsit lie for it  for to make that lie there must be a work do or some meritorious action for  which debt will lie but it do not for this wager because this be due in a  collateral respect it be true the cast of a die alter the property if the  money be stake down because it be then a gift on condition precedent and a  indebitatus assumpsit lie against he that hold the wager because it be a  promise in law to deliver it if wonSee sand v Trevilian cro car c if a man say  to a surgeon cure such a man and I will pay you a good assumpsit lie upon that  because it be a original contract and there be a labour do in the way of his  profession salk bull n p d No indebitatus assumpsit lie on a bill of exchange  and a judgement be stay on that point in my Lord hale time salk Mod e and the  like in the exchequer Mod vent f and it be not material whether he against who  the bill be draw have effect modern in his hand when be accept the bill or  notSee kid on bill g it be not like a liberate to pay money on a tally when  the officer have the money the propriety of it be vest out of the king and be  in the party post h I be sure my Lord chief justice pollexfen be of opinion  that that judgement in Egleston v LewenDanv pl I be not well affirm let it  stay we will speak with the judge in the exchequer Chamber after this verdict  if it can be any way make good we will do it but a verdict can make that good  which be bad in law see Bac Abr king though on the loss of the wager the  defendant have promise the next day to pay it yet a assumpsit will not lie on  it Mod because it want consideration it be but executory Adjournatur it be say  S c Mod that in Michaelmas term will judgement be give for the defendant see  also Lutw m modern er p hilary term the six of William and mary in the king  and queen bench sir John holt Knt chief justice sir William Gregory Knt sir  Giles eyres Knt sir Samuel eyres Knt justice sir Edward ware Knt  attorneygeneral sir Thomas Trevor Knt solicitor general