Mr. Justice CLIFFORD delivered the opinion of the court.
The declaration was in assumpsit, and the plaintiffs alleged that the defendant, on the tenth day of April, 1865, was indebted to them for divers goods, wares, and merchandise, and also for money had and received, in the sum of ten thousand dollars. Defendant appeared and pleaded two pleas in answer to the declaration:
(1) That he never promised as the plaintiffs have alleged.
(2) That the cause...
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