
    FAYETTE COUNTY.
    September Term, 1797.
    William Dehart v. Jeremiah Gard.
    AN action of debt on a bond of 82l. proclamation money,of New-Jersey, dated 21st November, 1775, conditioned for the payment of 41l. 5s. 4d. with interest from the date, was brought to December term, 1793.
    
      There was an indorsement, without date of a credit of 7l. light money. The parties both lived in New-Jersey, at the date of the bond; but immediately afterwards, the defendant removed to this country.
    Simonson, for the defendant,
    relied on the presumption of payment, from length of time, and some light circumstances.
    Young, for the plaintiff,
    opposed to this the intervening war, and the defendant’s removal to this country.
    
      1 Burr. 434. Cowp. 109.
    1 T.Rep. 270.
    
      1 T.Rep. 270.
    
   President.

The opinion of justice Buller, in the case of Oswald v. Legh, seems to set the law on this subject on proper grounds. That was a far stronger case than this. This is a bond of but eighteen years standing. A war of eight years had just commenced before the date of the bond, and seemed soon to destroy all property, confidence, and credit. Paper money rendered it dangerous for any creditor to demand a debt. The defendant left New-Jersey immediately after. The presumption ought to be strong indeed, to counteract all thefe circumstances.

Verdict for the plaintiff for 81l. 11s. 4d.  