1789.
witnesses, did assign, endorse, and make over the obligation or writing obligatory to the said James Cummings, and by the same deed of assignment, the said James Campbell and Stephen Kingston did then and there covenant, with the said James Cummings, that the said sum of money should be well and truly paid to the said James Cummings, agreeably to the said obligation or writing obligatory, as by the same deed of assignment to the Court here shewn appears. Yet the said Nicholas Eveleigh, or the said Joseph Parker, or the said Joseph Lynn, or the said George Turner, or the said James Campbell, or Stephen Kingston, the sum of money aforesaid, or any part thereof, to the said James Cummings, although often required, hath not paid, by reason whereof action hath accrued to the said James Cummings, to demand and have the said sum of money of and from the said Joseph Lynn: Nevertheless the said Joseph Lynn, the same sum of money, or any part thereof, to the said James Cummings hath not paid, although to do this he said Joseph Lynn afterwards, to wit, on the 19th day of the same month of December, in the year last aforesaid, at the county aforesaid, was, by the said James Cummings required, but the same to him to pay hath hitherto refused, and still doth refuse, to the damage of the said James Cummings, One thousand pounds, lawful money of the State of Pennsylvania, and thereof he bringeth suit, &c.
The Defendant craved Oyer of the bond, condition, and assignments stated in the declaration, which was given in the following words:—
South-Carolina.
KNOW all men by these presents, that I Nicholas Eveleigh, of the said State, planter, am held and firmly bound unto Lewis Lestarjette, merchant, in the full and just sum of three hundred and sixty-four pounds, twelve shillings, sterling money, in gold or silver specie, at the rate of four shillings, and eight pence to the dollar, or one pound, one shillings, and nine pence to the guinea, to be paid unto the said Lewis Lestarjette, his certain attorney, executors, administrators, or assigns: to which payment well and truly to made and done, I bind myself, and each and every of my heirs, executors, and administrators, firmly by these present, sealed with my seal, and dated the sixth day of February, in the years of our Lord, one thousand seven hundred and eighty-four.
The condition of the above obligation is such, that if the above bound Nicholas Eveleigh, his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the above named Lewis Lestargette, his certain attorney, executors, administrators, or assigns, the full and just sum of one hundred, and eighty-two pounds, six shillings, sterling money, in gold and silver specie, at the rate of four shillings and eight pence to the
dollar,
