case walker against walker Indebitatus assumpsit will not lie for money win at  play S c post S c Mod S c comb S c holt postea mich will Anonymous Indebitatus  assumpsit among other thing for money win at play and a general verdict it be  move in arrest of judgement that indebitatus assumpsit do not lie for though  the cast of a die may alter the property for where the money be stake it be  give on a condition precedent videlicet the cast of the die yet this be not a  consideration to raise a debt or promise but it be only a promise against a  promise for which the sole remedy be a special action on the case modern  report upon the mutual promise and to that opinion the court strong incline  although the case of Eccleston v levuin be mention a where it be hold a good  consideration and Acherly cite sherbourn v Worlich b to be rule per curium  that a general indebitatus assumpsit lie for money win at play for the hazard  and bret v Firebrasse upon the same point in trover and the chief justice cite  the case of brown v Ludlow d in hale time where it be adjudge that a  indebitatus assumpsit do not lie against a acceptor of a bill of exchange  unless the money be deliver to he to pay over and that in that case if there  be effect of the drawer in the hand of the acceptor it be not material for it  be after verdict where want of averment of effect in the hand of the acceptor  have be aid by intendment if necessary but because the point in question be  depend in the exchequerchamber in the case of Jackson v Cottgrave e unresolved  which be for money win on a wager judgement be stay here and afterward by the  exchequerchamber by they and on advisement with the judge of the king bench it  be hold that a indebitatus assumpsit will not lie and the case of Jackson v  Cottgrave be reverse and so in this judgement never enter f sir Bartholomew  shower cite a case where indebitatus assumpsit lie for the winner against he  that hold stake quod holt chief justice to go away b but see the case of  Harrison v Evans in which it be solemnly determine that be may plead the  statute car and aver that he be a protestant dissenter within the toleration  Act will mary c and have not receive the sacrament burn e l Cowp brown case in  parliament a Eggleton v levuin enter hill car before Pemberton chief justice  and afterward affirm in the exchequerchamber lev b in the common plea in  Trinity term in the second year of William and mary d brown v London hard keb  lev Mod vent Freem e Jackson v Colegrave Michaelmas term will and mary in the  king bench roll Carth f see S c post modern report er p modern report easter  term the seven of William the three in the king bench sir John holt Knt chief  justice sir William Gregory Knt sir Giles Eyre Knt sir Samuel Eyre Knt justice  sir Edward ware Knt attorneygeneral sir Thomas Trevor Knt solicitor general