Bond v. McMahon

Tbe plaintiffs recovered a judgment *558on a declaration alleging a promise on the part of defendant to pay plaintiffs a debt owing to them by one Toohey. Defendant brings error.

1. The declaration averred a promise by defendant in consideration of the release of Toohey by plaintiffs. Defendant’s testimony tended to show that on the occasion when the alleged promise of defendant, and the simultaneous release of Toohey, occurred, defendant gave to plaintiffs an order on the Northwestern Water & Gas Supply Company, covering the amount, upon which order only a portion was paid, leaving a balance'…