Opinion
(Spring Term, 1800.)
Covenant will not lie on the assignment under seal of a bond for the payment or delivery of tobacco, the breach assigned being that the obligor did not deliver the tobacco.
This was an action of covenant brought in Halifax Superior Court, and the following verdict found by the consent of the parties. The jury find the covenant in the following words: "I promise to pay Jesse Bowers or his assigns six thousand weight of good tobacco by March next, for value received. Witness my hand and seal, this 10th October, 1781. (Signed) HARRISON MACON. [Seal.]"
On which they find the following endorsements: (327)
"I endorse the within to William Batchelor, as witness my hand and seal, this 22d October, 1782.
(Signed) J. HICKS. [Seal.]"
"I endorse the within to John Brickell. Witness my hand and seal, this 22d October, 1782.
(Signed) W. BATCHELOR. [Seal.]"
And it is submitted to the Court, whether an action of covenant will lie on the above endorsement of W. Batchelor for the damages sustained by the nonperformance of the covenant of the said Harrison Macon.
MACAY and JOHNSTON, J., were of opinion that this action could not be sustained.