Chamberlin v. Smith's Administrator

Pettidone, X,

delivered the opinion of the Court.

This was an action of assumpsit, on two promissory notes, made in the State of Massachusetts, in the year 1811. The defendant pleaded, first, non-assumpsit; second, non-assumpsit within five years.

The plaintiff replied to the second plea, that defendant did assume and promise, within five years, &c.; on which, issue was joined. The jury found for plaintiff on "both issues, and judgment was rendered for the plaintiff accordingly; from which judgment the defendant appealed.

On the trial, there was considerable evidence given by the plaintiff, to…