Brahan v. Debrell

JUDGE TAYLOR

delivered the opinion of the Court.

This was an action of assumpsit by Debrell, the en-dorsee, against Brahan, the endorser of a bond.

It is assigned as error, that no sufficient breach is alleged in the declaration.

The declaration, after describing the bond and endorsement, and avering a demand, proceeds to state the liability and undertaking of Brahan, the endorser, to Debrell, to pay the money “according to the tenor and effect of the writing.” The breach alleged is, that Brahan did not pay the said Debrell “according to the tenor and effect of *15said writing.” It is true that…