Bunce v. Bunce

Connecticut Superior Court

Bunce v. Bunce

1 Kirby 137

DecidedSeptember 15, 1786

StatusPublished

This text of 1 Kirby 137 (Bunce v. Bunce) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bunce v. Bunce, 1 Kirby 137 (Colo. Ct. App. 1786).

Pincite

Opinion

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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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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Bluebook (online)

1 Kirby 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunce-v-bunce-connsuperct-1786.