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Ocr 22--James FELLOWS ct ais ~. Clement e. Chera'
Rer-Ths was action brought by the plaintiff to ro-
cover the amount of promssory notes, made by
defendant to them which. with interest to this date,
amounted to $3.50 49 appeared that during the year
1925 defendant who been in the habit Of ransacting
business vely with plaintiff gave these notes for
purchases he had made that soon after he lett or
Philadelphia and carried business there but his store
was subsequently burned ald all his papers, books, &C.
destroy ed that after struggling for the space oi
two years his difficulties increased much that he was
obliged declare himself insolven and deliver his ei'
f,cts TO his creditors that afterwards he got into part
nershp with respectable firm in Newry twas eged
for the Defence that the action had not been instituted
within six years after defendants return to the
State OF New York that if a promissory note
is not paid within six years aner it becomes
due and no action brought within that time for the
the endorser cannot be held liable to the accepor
and farther that while defendant residing in Phadel
phia he RENTED money from time to time towards the
OF these notes. but in consequence OF his books
and other papers having been burned he could produce
no voucher showing such payments and finally that as
his effects delivered to his creditors they must have
receiv ed their proportion of the dividend


sealed verdict will be rendered this morning G. s.
Roe for Plaintiff; o. BushL ell for defendant