Swift v. HAWKINS AND OTHERS

Debt sur Obligation. On the plea of payment, defendants offered to give no consideration in evidence. Objected, that the consideration of a bond is not inquirable into, tbe passing the bond being a gift in law of the money. To this it was answered, and so ruled by the Court, that there being no court of chancery in this province, there is a necessity in order to prevent a failure of justice, to let the defendants in, under the plea of payment, to prove mistake or want of consideration. And this, the Chief Justice said, he had known to he the constant practice of the courts of justice in this…