D
EBT for Obligation.–On the plea of payment Defendants offered to give no Confideration in Evidence. Objected, that the Confideration of a Bond is not enquirable into, the paffing the Bond being a gift in Law of the money.–To this it was anfwered, and fo ruled BY THE COURT that mere being no Court of Chancery in this Province, there is a neceflity, in order to prevent a failure of Juftice, to let the Defendants in under the plea of payment to prove miftake or want of confideration :And this the Chief Juftice faid he had known to be the conftant practice of the Courts of Juftice in this Province for thirty nine Years paft.For the Plaintiff, the following cafes were cited:Plowd. 308. b. Gilb. Rep. 154. Hard. 200. 3. P. Will. 222.
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