Adderley agt crying Euhan KB same term a plea of a account be improper to a  declaration in assumpsit in assumpsit the plaintiff declare that the defendant  on the saint of January be indebt to the plaintiff testator in X for atorneys  business do for he the defendant second count on a quantum to deserve for the  same three count for money lie out and expended and c the defendant plead in  bar that after the time of the promise make the testator and the defendant  account Kenyon together and the defendant be find in arrear pound and that he  pay in part to the testator in his lifetime and the remain S since his death  in full to the plaintiff the plaintiff demurrer and assign for cause that the  plea amount to the general issue the defendant join in demurrer Mr Altham for  the plaintiff the plea be no answer to the declaration for it neither confess  nor deny our allegation whereas every material part of the declaration ought  to be answer   b   Bidgways case dly No issue can be take on this plea for it  say after the assumption suppose to be make and do not admit the assumption to  make a issue there must be a express affirmative and a negative I Ventr dly  this plea amount to the general issue and such plea be ill when assign for  cause of demurrer   light b b cro car may v king I Lord raym Mr caldecot for  the defendant the last objection be the only one assign for cause of demurrer  and as to that though the fact contain in it may have be give in evidence on  the general issue yet as the defence admit a cause of action at one time and  avoid it at another it can be say to amount to the general issue in debt for  rend entry and suspension Kenyon may be give in evidence on the general issue  and yet it may be plead as to the case cite out of Lord raym to be sure it be  pretty strong but in Mod there be a case in point for the defendant and Lord  raym which be a late authority be also exact similar to our cause as to the  objection that it be not a a I nswer to the declaration if the last case cite  be right I apprehend that objection be go Kenyon er p as to the other  objection the court will take the whole plea together and upon that it clear  appear that the money be once due for the defendant insist that he have pay it  which he will not have do unless it be due denison I the case in Mod have be  long deny to be law the plea certain admit and avoid but I think it be no plea  in substance for I never hear that matter of account merge the original debt a  bind take for the balance will such account may perhaps be sufficient in  evidence but nothing can be plead by way of extinguishment but what be of a  high nature the court however take a few day time to consider of it and then  judgement be give accord to denison opinion as follow rider CJ a plea the  substance whereof may have be give in evidence on the general issue may yet be  a good plea Kenyon as a release infancy c in some case but here the plea of a  account be not proper to be plead as it be no extinguishment and this point  have be determine in the case cite from Lord Raymond judgement for the  plaintiff