
    
      12 June, 1819.
    ROBERT COLEMAN, vs. WILLIAM G. HARPER.
    
      On a writ of error to reverse a judgment of the Chris« lian circuit court.
    
    A lea im neaching- the consideration partially on-sustained. * ‘
    a plea is bad winch tiSTconskle. ration.u less it also shews ⅜⅛⅛⅛
   Judge Owsley

delivered the opinion of the court.

This writ of error is brought to reverse a judgment rendered against Coleman, «pon a demurrer to two pleas filed by him in an action of debt prosecuted by Harper in the court below.

The object of each plea is to question the consideration °f the Obligation upon which the suit is founded, We think, however, that neither of the pleas can he sus-twined.

The first cannot — because it impeaches the consideration partilly only.

And the second cannot — because it barely alledges (without staling in what wav) a failure of the consideration, A general denial of the obligation having been given un-on.any consideration, as the plaintiff must be presumed to llie consideration, would, no doubt, be good.

But a general averment of the consideration having fall-⅛1, as the plaintiff cannot be presumed to know bow the failure happened, is too uncertain to require from him a replication.

Bibb for plaintiff in error.

The judgment of the court must, therefore, be affirmed with cost and damages.  