Pennsylvania Court of Common Pleas, Philadelphia County September 10, 1836 (Montgomery v. Johnston)

Pettit, President.

I am of opinion that this rule should be made absolute. I have always considered that the instrument of writing filed should exhibit, on its face, the fact that the liability of the defendant to pay money to the plaintiff was complete at the commencement of the suit, In the present instance, the undertaking is upon a contingency, which it nowhere appears has happened.