Miller v. Alcorn

OPINION of the Court, by

Ch. J. Boyle.

This was an action of assumpsit, in which the plaintiff alleges a promise by the defendant to pay fifty dollars in trade, without anj' time or place being specified for the payment, and avers that on the —?- day of --■ he demanded payment of the defendant at his usual place of residence, and that the defendant refused to pay. Issue was joined on the plea of non assumpsit. On the trial the plaintiff having proved the promise substantially as laid, he introduced a witness who swore that he went with the plaintiff to the defendant’s still-house, af* ter dark…