
    GENERAL COURT,
    OCTOBER TERM, 1792.
    Robert Furgusson against Robert Peter.
    THIS was an action of debt on a writing obligatory, dated the 18th November, 1779, in the penalty of 25,000/. circulating currency, conditioned for the payment of 12,500/. circulating currency, at or before the 1st of October, 1781, bearing legal interest, from .the 1st of October, 1780. Plea, payment
    By the bills of exceptions taken at the trial it appears ;
    1. The plaintiff produced and read to the jury the writing obligatory upon which the suit is brought, and it. was admitted by the plaintiff and defendant, that the day of payment in the bond was expressly agreed and understood by the plaintiff and defendant to be part of the contract, and the plaintiff prayed the court to direct the jury that the bond and condition was not within the provisions of the act of assembly, entitled w An act for calling out of circulation the quota of this state of the bills of credit issued by congress, and the bills of credit emitted by acts of assembly under the old governments and by the resolves of convention.” And that the jury ought to estimate the value of the money mentioned in the condition of the bond, at the valu’e of the said money, at the time of passing the bond.
    
      The Court directed the jury accordingly.
    2. The defendant offered in evidence to the jury, that the bond on which the suit was brought, together with another bond which had been cancelled, dated the 18th oí November, 1779, in the penal sum of 25,000/. circulating currency, at or before the 1st of October next ensuing the date thereof, were given by' the defendant to the plaintiff, for real property, sold by the plaintiff to the defendant at the time of the execution of the said bonds, gnd that it was at that time a part of the contract between the plaintiff and defendant, that the defendant should make the payments at the times and in the manner as expressed in the bonds respectively,- and that the money mentioned in the same bonds, and in the conditions therer of, was paper bills of credit, circulating under the autho? rity of the resolves of congress, and of the convention of Maryland, and the laws of the state. And the defendant offered this evidence to the jury to prove that the plaintiff ought not to recover the value of the money at the time of the contract.
   The Court

(.Chase, Ch. J. and Goldsborough, J.)

were of opinion, that the consideration of the bond on which the action is brought, cannot be inquired into at law, and that the last-mentioned bond, cannot be given in evidence to the jury.  