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Davis, as ~x. use, &c. vs. Sullivan. Error to Hempstead. Where an obligee passes . note to a third party. before it is due. the assignee. if non- resident, is estIed to the benefit of the exception to non-residsnis. in the statute of linitatons. And the psOor having established the fact Of non. residence. the legal presumption is that he cOntiaa- ed nonresident until within five years of the in- stitntion of the suit.