¶1The court, after hearing argument by Gaillard, for the motion, and Bailey, contra, were of opinion, that the undertaking of defendant was direct, and not collateral, and made upon sufficient consideration ; and, being for a sum certain, was good and effectual *315to bind him to a peiformance; and, therefore, refused a new trial. See 9 Co. 93, Bane’s case.
3 S.C.L. 314
Courtois v. Perquier
Supreme Court of South Carolina
Decided January 15, 1804
Supreme Court of South Carolina · decided 1804-01-15
Plaintiff brought assumpsit for money-had, &c. which was tried in Charleston district, before Bay, J. The evidence given in maintenance of the action was, that a Mr. Mainvielle, deceased, in his lifetime, occasionally lodged at the house of the plaintiff, Madame Curtois ; but often furnished her with firewood, and used to go to market himself, and purcbars; meat, &c., and did not charge for the same.
Decided 1804-01-15