Page:United States Reports, Volume 2.djvu/129

 Surasua Coun or Pew;/ylwnia. ug goceedinge in the Admiralty were without the participation or ryyy, owledg: of Lewi: Lumix; that no coercion was ufed by the vvy Court ; at all was voluntary, and not only by my/`mr, but on the ` applrkatim, of the defendants. There is no poiitive law for de- claring fuch a writing void; it was not given for any thing a- gainft good morals, or illegal, but for a meritorious valuable con- deration, to wit, a fum of monev delivered in fpecie, and for an honefl: purpofe. If the taking this writing in tb: Court cannot give it any additional fanétion, fo, on the other hand, it cannot deflroy or prejudice its legal operation. Though void as a fybu- Iariem, it is good as a contruéi; jufl: as it was determined in the cafe of A/me wrfu; Hdfing/`wortb, Cro. El. 544. that an initru- ment, which was void as a jlalute-yfaple, was yet good as an ohhgurian; and the cafe in 2 Smmge, 1t37, favors this opi• mon. For thefe reafons,I think, this tranfaétion may be coniiderod as done out of Court; and that it is good and binding on the parties byi the Common Law. , gd. T e next and principal queflion is, whether the prefent information in debt upon this writing is maintainable ? It has not been doubted, but that a fpecialugjianp/it would lic in this cafe ; but it has been denied, that an ·· tion of debt will c. A debt is a fum of money due by e.xpr¢r agreement; either in writing, or by parol, where the quantity is fwd, and does not depend on future calculation ;-i-the non-payment or n0u·perfor- mance is an injury, for which an a£tion of debt maybe brought. 3 Blucy?. 1 gg. Fitz/J. N B. I4;. 1 Li/l. Ah-. 5.54. C. 2 Bac. Abr. 1 g._ And it isheld in 6 Mod. tag. that a meri- torious valuable confideration will raife a debt. If A gives mo- ney to B, to buy wares, or any other thing for him, and B does not buy them, debt will lie for the money. 7 Vin. 46:-. title “ debt" (K) pl. a6. for, by the delivery of the money, as it carynot be known again, the property is. altered, and a duty an es. Debts, for which an aétion of debt may.- be brought at Com- mon Law, may be clafled under four generalheads : ill. Judgments obtained in a Court of record on a fuit. ‘ . 2d. Specialties acknowledged to be entered of record, as a re- oogmzance, ftatutes merchant, or fiaple, or fuch like. gd. Specialties. indentcd,_or not indented. 4th. Contraéts without fpecialties, either exprefs, or implied. The prefent action comes under the laft head, and is found- ed on an expr;/`r contract in writing, whereby in coniideration of live barrels of tilver coin, delivered by Antlwgv Fvurnic, by the advice of the Court of Admiralty, to the defendants, they promife and engage to remit them to Lewi: Lumix, at Bour- Qz denim,

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