1789.
“ witneffes, did affign, endorfe, and make over the obligation or
“ writing obligatory to the faid James Cummings, and by the fame
“ deed of affignment, the faid James Campbell and Stephen Kingʃton
“ did then and there covenant, with the faid James Cummings, that
“ the faid fum of money fhould be well and truly paid to the faid
“ James Cummings, agreeably to the faid obligation or writing obli
" gatory, as by the fame deed of affignment to the Court here fhewn
“ appears. Yet the faid Nicholas Eveleigh, or the faid Joʃeph Par-
“ ker, or the faid Joʃeph Lynn, or the faid George Turner, or the faid
“ James Campbell, or Stephen Kingʃton, the fum of money aforefaid,
“ or any part thereof, to the faid James Cummings, although often
“ required, hath not paid, by reafon whereof action hath accrued
“ to the faid James Cummings, to demand and have the faid fum of
“ money of and from the faid Joʃeph Lynn : Neverthelefs the faid
“ Joʃeph Lynn, the fame fum of money, or any part thereof, to the
“ faid James Cummings hath not paid, although to do this he faid
“ Joʃeph Lynn afterwards, to wit, on the 19th day of the fame
“ month of December, in the year laft aforefaid, at the county afore-
“faid, was, by the faid James Cummings required, but the fame to
“ him to pay hath hitherto refufed, and ftill doth refufe, to the da-
“ mage of the faid James Cummings, One thouʃand pounds, lawful mo-
“ney of the State of Pennʃylvania, and thereof he bringeth fuit, &c.”
The Defendant craved Oyer of the bond, condition, and affignments ftated in the declaration, which was given in the following words :––
“ South-Carolina.
“ KNOW all men by thefe prefents, that I Nicholas Eveleigh,
“ of the faid State, planter, an held and firmly bound unto Lewis
“ Laʃtarjette, merchant, in the full and juft fum of three hundred
“ and fixty-four pounds, twelve fhillings, fterling money, in gold
“ or filver fpecie, at the rate of four fhillings, and eight pence to
“ the dollar, or one pound, one fhillings, and nine pence to the
“ guinea, to be paid unto the faid Lewis Leʃtarjette, his certain attor-
“ ney, executors, adminiftrators, or affigns : to which payment
“ well and truly to made and done, I bind myfelf, and each
“ and every of my heirs, executors, and adminiftrators, firmly by
“ thefe prefent, fealed with my feal, and dated the fixth day of Fe-
“ bruary, in the years of our Lord, one thoufand feven hundred and
“ eighty-four.
" the condition of the above obligation is fuch, that if the above
“ bound Nicholas Eveleigh, his heirs, executors, or adminiftrators,
“ fhall and do well and truly pay, or caufe to be paid, unto the above
“ named Lewis Leʃtargette, his certain attorney, executors, admi-
“ niftrators, or affigns, the full and juft fum of one hundred, and
“ eighty-two pounds, fix fhillings, fterling money, in gold and fil-
“ ver fpecie, at the rate of four fhillings and eight pence to the
“ dollar,
