Page:United States Reports, Volume 1.djvu/457

446 

1789.

“ witneffes, did affign, endorfe, and make over the obligation or

“ writing obligatory to the faid James Cummings, and by the fame

“ deed of affignment, the faid James Campbell and Stephen Kingʃton

“ did then and there covenant, with the faid James Cummings, that

“ the faid fum of money fhould be well and truly paid to the faid

“ James Cummings, agreeably to the faid obligation or writing obli

" gatory, as by the fame deed of affignment to the Court here fhewn

“ appears. Yet the faid Nicholas Eveleigh, or the faid Joʃeph Par-

“ ker, or the faid Joʃeph Lynn, or the faid George Turner,  or the faid

“ James Campbell, or  Stephen Kingʃton,  the fum of money aforefaid,

“ or any part thereof, to the faid James Cummings, although often

“ required, hath not paid, by reafon whereof action hath accrued

“ to the faid James Cummings, to demand and have the faid fum of

“ money of and from the faid Joʃeph Lynn : Neverthelefs the faid

“ Joʃeph Lynn, the fame fum of money, or any part thereof, to the

“ faid James Cummings hath not paid, although to do this he faid

“ Joʃeph Lynn afterwards, to wit, on the 19th day of the fame

“ month of December, in the year laft aforefaid, at the county afore-

“faid, was, by the faid James Cummings  required, but the fame to

“ him to pay hath hitherto refufed, and ftill doth refufe, to the da-

“ mage of the faid James Cummings, One thouʃand pounds, lawful mo-

“ney of the State of Pennʃylvania, and thereof he bringeth fuit, &c.”

The Defendant craved Oyer of the bond, condition, and affignments ftated in the declaration, which was given in the following words :––

“ South-Carolina.

“ KNOW all men by thefe prefents, that I Nicholas Eveleigh,

“ of the faid State, planter, an held and firmly bound unto Lewis

“ Laʃtarjette, merchant, in the full and juft fum of three hundred

“ and fixty-four pounds, twelve fhillings, fterling money, in gold

“ or filver fpecie, at the rate of four fhillings, and eight pence to

“ the dollar, or one pound, one fhillings, and nine pence to the

“ guinea, to be paid unto the faid Lewis Leʃtarjette, his certain attor-

“ ney, executors, adminiftrators, or affigns :  to which payment

“ well and truly to made and done, I bind myfelf, and each

“ and every of my heirs, executors, and adminiftrators, firmly by

“ thefe prefent, fealed with my feal, and dated the fixth day of Fe-

“ bruary, in the years of our Lord, one thoufand feven hundred and

“ eighty-four.

" of the above obligation is fuch, that if the above

“ bound Nicholas Eveleigh, his heirs, executors, or adminiftrators,

“ fhall and do well and truly pay, or caufe to be paid, unto the above

“ named Lewis Leʃtargette, his certain attorney, executors, admi-

“ niftrators, or affigns, the full and juft fum of one hundred, and

“ eighty-two pounds, fix fhillings, fterling money, in gold and fil-

“ ver fpecie, at the rate of four fhillings and eight pence to the “ dollar,