¶1There is no defect in the declaration, to justify the decision of the Court of Common Pleas. There- is alleged a promise, and a breach, and a consideration sufficient to raise a promise. The defendant having borrowed and had the money for which the bond was given, it was his duty to pay the bond; and what the said Zachariah, his surety, paid upon it, he paid for the use of the defendant, who became indebted to him upon such payment; which was a sufficient consideration, or indebtedness, to raise the promise laid in the plaintiff’s declaration.
1 Kirby 137
Bunce v. Bunce
Decided September 15, 1786
Connecticut Superior Court · decided 1786-09-15
ERROR from a judgment of the Court of Common Pleas. The case was,— The plaintiff, being administratrix on the estate of Zachariah Bun.ce, deceased, brought her action of the case against Jonathan Bunco, the present defendant, declaring, “ That about the 1.1th day of April, A. D. 1768, the said Zachariah, being then in rfuQ life, and the said Jonathan, in and by their certain bond or writing obligatory, by them null executed, bound themselves, their heirs, executors and…
Decided 1786-09-15