Cunningham v. Gwinn

This was an action of assumpsit, commenced in September, 1836, by Gwinn, assignee of Giles Mitchell, against Cunningham, upon a written promise, dated the 30th of May, 1835. The writing is for the delivery of 3,000 gallons of whiskey, at the promiser’s distillery, to Giles Mitchell or order, on or before the first of March next after the date. This writing was assigned to Gwinn, the plaintiff below. The defendant pleaded non assumpsit, and several pleas in bar. Issues to the country were joined on all the pleas but the last two, which are the fifth and sixth.

The fifth plea states, that on the…