1778-07-17 (static/transcriptions/1778/07/032.jpg)

1778. Sittings. Friday July 17.

Friday July 17th 1778.
Present
Sir Robert Chambers
&
Mr. Justice Hyde.

[Triple Line]
Moha Sing Nickarree
v
Ramchurn Mullick

[Triple Line]
An Action on the Case, stating that the Defendant became security on a Bengal Note for the Payment of about fifteen hundred Rupees for Cloth sold and deliver’d. Mr. Sealey objected that it was stated he agreed to become security, but not that he did become security, but on looking into the Plaint, Chambers and I agreed, that it was sufficiently stated he did become security.
There was I think a fault in the Plaint but Sealey did not hit on it, and on my stating it to my brother Chambers we agreed, we ought not to take notice of it our selves, in order to cause a Non Suit, on a defect which had no relation to the merits. The defect I stated was that no consideration was stated for the Contract of the Security, such as that
/ in