Bank of the Commonwealth of Kentucky v. Clark

Opinion of the court delivered by

Tompkins, J.*

The president and directors ot the bank of the Commonwealth of Kentucky on the 19th day of January 1833, commenced their action against Clark on a promis-, sorynote made by him to them on the 21st day of September 1822, and payable one hundred and twenty days after date.

The defendant pleaded these three pleas: 1st, nil debet. 2nd. That the right of action did not accrue within five years. 3rd. That the consideration of the promissory note sued on was illegal &c. The two last pleas were demurred to, and the defendants joined in the demurrers. We…