The court, after hearing argument by Gaillard, for the motion, and Bailey, contra, were of opinion, that the undertaking of defendant was direct, and not collateral, and made upon sufficient consideration ; and, being for a sum certain, was good and effectual to bind him to a peiformance; and, therefore, refused a new trial. See 9 Co. 93, Bane’s case.
Present, Johnson, Trezevant, and Brevard, Justices,