White v. Potter

Error from the Common Pleas of Essex county, THE plaintiff in error had been nonsuited in the court below, on the ground that the statute of limitations had barred his recovery of the debt in question. It appeared to be an action on a note dated in 1776. by which Potter acknowledged the receipt of 40 dollars from While, which he promised to pay on demand. The plaintiff proved that in 1791. he made a demand of the money, when defendant admitted he had had it, but said that White as paymaster of the regiment to which defendant belonged, had received his pay, and retained it to the amount of the…