Emerson v. Miller & Cantwell

The opinion of the court was delivered by

Knox, J.

The account upon which this suit was brought, commenced on the 24th October, 1843, and ended on the 8th- February, 1845. All of the charges were made more than six years before suit was brought, except three, amounting to $8.45. The suit was instituted on the 11th January, 185Í, and was tried on the 1st day of January, 1856. The defendant pleaded the statute of limitations. To show a promise within six years before suit was brought, the plaintiff called Terrence J. Cantwell, who testified as follows:—

“About the last of the second week of…