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1 Add. 344

Dehart v. Gard

Pennsylvania Court of Common Pleas, Fayette County · decided 1797-09-15

AN action of debt on a bond of 82l. proclamation money,of New-Jersey, dated 21st November, 1775, conditioned for the payment of 41l. 5s. 4d. with interest from the date, was brought to December term, 1793. There was an indorsement, without date of a credit of 7l. light money.

Decided 1797-09-15

President.

¶1The opinion of justice Buller, in the case of Oswald v. Legh, seems to set the law on this subject on proper grounds. That was a far stronger case than this. This is a bond of but eighteen years standing. A war of eight years had just commenced before the date of the bond, and seemed soon to destroy all property, confidence, and credit. Paper money rendered it dangerous for any creditor to demand a debt. The defendant left New-Jersey immediately after. The presumption ought to be strong indeed, to counteract all thefe circumstances.

¶2Verdict for the plaintiff for 81l. 11s. 4d.

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