Raborg v. Peyton

This is án actioh of debt brought against the defendant in error, as acceptor of a bill of exchange by the plaintiffs in error as endorsees. The declaration alleges that the bill was drawn, accepted, and endorsedpibr value received. The only question is. Whether debt lies in such a case.

The géneral principle has been very correctly stated by Lord Chief Baron Comyn, that debt lies upon every express contract to pay a sum certains and he adds, also, that it lies though there-bé only an implied contract. (Com. Dig. Debt, a. 8. a. 9.) But it has been sunposed that this principle does not apply to…