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2 D.C. 112

Lee v. Cassin

Decided June 15, 1815

Assumpsit upon the defendant’s promissory note, made in Massachusetts, where all the parties resided. There was a count also for money had and received. The defendant pleaded, 1st. Non assumpsit. 2d and 3d. Non assumpsit, and actio non accrevit infra tres annos, under the Maryland act of limitations. 4th. Non assumpsit infra sex annos, under the act of limitations of Massachusetts.

Decided 1815-06-15

The CotrRT,(Morsell, J., not sitting,)

¶1was of opinion that on a note payable on demand, the cause of action does not accrue so as to make the statute of limitations begin to run until a demand be made. That the removal of the defendant from Massachusetts, before the cause of action accrued, was a bar to the statute of limitations of Massachusetts; and the replication that the plaintiff was beyond seas, was a bar to the statute of Maryland.

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