Lewis v. Harbin & Downing

On the 3d day of February, 1834, Harbin and Downjng executed their note under seal, to Lewis the appellant, for eight hundred and seventy five dollars, payable on the 1st day of January, 1835. On the 24th day of February, 1843, Lewis brought suit on the note. Downing pleaded first, in several pleas, in substance that he had-executed said noteas surety only, and was discharged from liability, or the plaintiff’s action was barred by his failure to sue within seven years after his cause offaction had accrued, and within five years after the passage of the act of the 8th February, 1838. Secondly,…