Merrill v. Merrill , 63 Me. 78 ( 1873 )

Rescript by

Danforth, J.

An action for money had and received, sustained by a valid promissory note, signed in the presence of an attesting witness, is an action upon such note, within the meaning of R. S., c. 81, § 83, and may be maintained within the same period of limitation as if the note had been specifically declared upon.

jExceptions sustained.

Appleton, C. J., Cutting, Barrows and Peters, JJ., concurred.