Woodruff v. Dobbins

— This was an action of debt on a delivery-bond, the condition of which was, that Dobbins should deliver, at eleven o’clock on a certain day and at a certain place, a certain horse which had. been levied on, &c. There *583are three pleas in bar, but it is only necessary to notice- the third. That plea states, that Dobbins -was prevented by plaintiff from delivering the 'horse at the time and place appointed, in this, viz., that at eight o’clock on the day fixed for the delivery, the plaintiff fraudulently represented to Dobbins, that there was no necessity for delivering the horse at the time and…