Wilmarth v. Mountford

The opinion of the Court was delivered by

Tilghman C. J.

Mountford and Crozoley, the defendants in error, who were plaintiffs below, brought an action on the case, against Wilmarth and Schofield-, the plaintiffs in error> The declaration contained a count on an indebitatus assumpsit, and another on a quantum valebant, for goods sold and delivered. The pleas were non assumpsit and payment, ancl a set-off of anote for 574 dollars 93 cents, given by a 50 . J certain Frederick Reed to Wilmarth., one of the defendants. ■ On these pleas, issues were joined. On the trial of the cause, in the District…