Sharp v. Maguire

Cope, J. concurring.

The promissory note upon which this action is brought bears date of the twenty-third of June, 1852, and is payable thirty days after date. It matured, therefore, on the twenty-sixth of July following, and the complaint was filed on the twenty-second of July, 1856— within the period prescribed by the statute for the commencement of actions upon “ any contract, obligation or liability founded upon an instrument of writing.” The action was commenced, within the meaning of the statute, by the filing of the complaint. Such is indeed the express language of the twenty-first…