Mullikin v. Latchem

— This was an action of covenant by Latchem, assignee of Cummins, Wright, and Cole, against the plaintiffs in error on an instrument of writing under seal for the payment of 106 dollars in current bank paper. The pleas were, 1. Failure of consideration; 2. That the writing obligatory in the declaration mentioned, was executed by defendants in part consideration of a certain deed made by Cummins, Wright, and Cole, by which they granted, sold, and conveyed to the defendants their heirs, &c., the exclusive right of making, using, and vending to others to be used within the counties of Jay, &c.,…