23 Me. 560 | Me. | 1844
The opinion of the Court was by
There is no doubt that this action should have been commenced by the plaintiff as the surviving partner of the firm of Cyrus Clark & Co. It was a debt due to that firm; and the liability has «ever been chquged by any agreement of the defendant with the plaintiff’s 'Intestate.
But the cause of action, if any exists, accrued in 1834;
The defendant’s letters, relied upon, as taking the case out of the statute of limitations, contain no acknowledgment of indebtedness, or promise to pay any thing in any event.
Plaintiff nonsuit.