Saunders v. Carroll

Merrick, O. J.'

This suit 'is brought against two members of the 'firm of Buchanan, Carroll <&, Co. upon a draft accepted by them. The draft was drawn on the 1st of Marcha 1850, on the acceptors, at eight months, and payable to the order of the plaintiff for $2006 29. It was not presented to the acceptors for *28payment until more than five years after its maturity. The suit was commenced on the 22d day of May, 1857.

The defence is the plea of prescription. To show interruption of prescription, the plaintiff, among other things, propounds interrogatories on facts and articles which have been taken…