
    John Swift versus Hawkins and others.
    For the Plaintiff, the following cases were cited: Plowd. 308. b. Gilb. Rep. 154. Hard. 200. 3 P. Will. 222.
   DEBT sur Obligation.—On the plea of payment Defendants offered to give no Consideration in Evidence. Objected, that the Consideration of a Bond is not enquirable into, the passing the Bond being a gift in Law of the money.—To this it was answered, and so ruled By the Court, that there being no Court of Chancery in this Province, there is a necessity, in order to prevent a failure of Justice, to let the Defendants in under the plea of payment to prove mistake or want of consideration: And this the Chief Justice said he had known to be the constant practice of the Courts of Justice in this Province for thirty nine Years past.  