Ingraham, Corbin & May v. Edwards

The declaration was in debt, and contained only one count. The instrument declared on was termed a writing obligatory, and when introduced in evidence, it appeared to be an ordinary penal bond, upon condition, and was signed by the principals, with a seal affixed, by their attorney, and a seal affixed to his name, as well as to the name of the surety. The bond must be regarded as the foundation of the suit, and no attempt has been made to declare upon a simple contract.

If the pleader intended to rely upon a contract not under seal, he should have so pleaded, in an appropriate form, or added…