Bayard’s Notebook, 97
Court of Common Pleas of Delaware, New Castle County.
May, 1795.
A bond which had been given by plaintiff to defendant was given in evidence, and the plaintiff was proceeding to show the consideration of it.
Johns, for defendant, objected that the consideration of a bond could not be gone into.
Page 368
[PER] CURIAM.
Formerly the consideration of a bond could not be inquired into in a court of law; but the practice is otherwise at present, both in England and here. The cases are to this effect in 2 Wils. 341, 1 Bl.R. 445, Pow.Con. 333. The evidence must therefore be allowed.
Bayard for plaintiff. Johns [for] defendant.
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