Keys v. John W. Powell & Co.

Judge Mills

delivered the opinion of the court.

Powell and Co. the defendants in error, declared in covenant, in the court below, against Keys, the plaintiff in error, setting out a writing in hæc verba, as the covenant declared on:

“Whereas, I lost out of my waggon at Louisville a trunk “of goods belonging to John W. Powell and Co. and the “kind and value of said goods cannot at this time be ascertained: now this shall oblige myself, my heirs, &c. to pay “to the said John W. Powell and Co. the value of said “trunk and the merchandize and goods therein contained, “so soon as the same shall be…