McCracken v. Richardson

The opinion of the court was delivered by

Scueder, J.

An action of assumpsit was brought by the plaintiff against the defendant as third endorser on two promissory notes—one for $345, dated May 10th, 1875, payable in nine months; the other for $151, dated May 21st, 1875, payable in nine months. These notes became due respectively on February 12th and February 24th, 1876. Suit was begun by summons tested February 10th, 1882, returnable February 21st, 1882. Service on the defendant was not made until March 1st, 1882, after the return-day had been changed by the deputy sheriff to March 7th, 1882.…