
    
      J. N. McElwee, Jr. vs. Benjamin B. Story.
    
    Defendant, who was an administrator, promised, in writing, to pay, out of the funds of his intestate, a debt due the plaintiff by one of the distributees, who was absent from the State, if the plaintiff would not attach the share of the distributee in the defendant’s hands. Held that the promise was without consideration, and that no action could be maintained thereon.
    
      Before Evans, J. at York, Fall Term, 1844.'
    This was a sum. pro. brought on an agreement in writing, whereby the defendant, who was the administrator of Henry H. Story, agreed to pay to the plaintiff, out of the funds of the intestate, an amount due the plaintiff by James H. Story on four notes under seal. It appeared that James H. Story, who was absent from the State, was entitled to a distributive share in the intestate’s estate, and that the plaintiff told the defendant that he would attach his share. Whereupon defendant, as administrator, gave the plaintiff the said agreement. The notes were produced at the trial.
    The presiding Judge was of opinion that as the interest which the said James H. 'Story, the absent debtor, had in the estate was not attachable, the promise was without consideration, and decreed for the defendant.
    The plaintiff appealed, on the ground that there was a sufficient consideration to support the promise.
    
      Clawson, for the motion.
    
      Williams and Allston, contra.
   Curia, per

Evans, J.

This court is of opinion there was no consideration to support the promise of the defendant to pay the debt of James H. Story, and the motion is dismissed.

Richardson, O’Neall, Butler, Wardlaw and Frost, JJ. concurred.  