In this, as in the earlier case, the issue was taken on the assumpsit.
A surety could be sued in assumpsit, although he had ceased to be liable in debt.
If you choose to make an assumpsit, I'm sure I shall not object to the security.
Assumpsit covered the whole province of debt, and much more.
It has been shown above that if a man was a common farrier he could be charged ...