Davis v. Van Zandt

7 F. Cas. 181, 2 Cranch 208

Opinion

But THE COURT

(nem. con.) said it was not necessary to prove that fact to take the note out of the statute of limitations. The action is brought on the note, and not on the new promise.

But see Wetzel v. Bussard, 11 Wheat. [24 U. S.] 309; Read v. Wilkinson [Case No. 11, 611]; Lonsdale v. Brown [Id. 8,492].