Miller v. Upton

Miller sued TJpton in an action of assumpsit before a justice of the peace. The declaration contains three counts. The substance of the first count is that the defendant, on the 16th day of December, 1850, in consideration that one Lewis S. Grove was indebted to the plaintiff in the sum of 83 dollars, and in consideration that Grove, at the special instance and request of the defendant, had deposited in the hands of the defendant “a large amount of securities, viz., the amount of one hundred dollars,” the defendant then and there, at the request of Grove, undertook and promised the plaintiff…