McCart v. Regester

The declaration in this case avers “ that the defendant by an instrument of writing under seal, dated the fourteenth day of April, eighteen hundred and seventy-seven, *431covenanted to pay the plaintiffs four thousand two hundred and sixty-nine dollars and twenty-six.cents, with interest thereon, hut did not pay the same.” The defendant, the appellant, pleaded non est factum, non infregit conventionem and payment. The plea of non est factum was not verified by affidavit. The appellees filed a replication negativing the pleas, but subsequently withdrew it and joined issue, by an entry on the…