Hays v. Marsh

The defendant, being sued on a promissory note, drawn in solido by himself and the late Edwin L. Cockle, to the order of' the petitioner, sets up the plea of prescription. The note was payable in all January, 1838, and suit was brought upon it only in April, 1843. This defence cannot avail the defendant. The record shows that on the 17th of January, 1843, the claim was presented to the administratrix of the estate of his co-obligor, Edwin L. Cockle, and by her admitted to be due. But leaving out of'view this acknowledgement of the debt, about the validity and effect of which there has been…