Connecticut Superior Court, 1786

Bunce v. Bunce

Bunce v. Bunce
Connecticut Superior Court · Decided September 15, 1786 · Whole
1 Kirby 137
Bunce v. Bunce

Opinion of the Court

By the whole Court.

There 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.

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