
    Thomas Wilson v. B. Eastman.
    New trial granted on terms.
    Assumpsit on three promissory notes. Writ dated Feb. 17, 1807.
    Pleas: general issue, and statute of limitations.
    Replication: new promise.
    At the trial, last Term, Livermore, J., summed up to the jury. He seemed inclined to think the evidence produced by the plaintiff not sufficient to take the case out of the statute of limitations.
    The jury found for the defendant. Motion for a new trial.
    
    
      
       Statement by compiler.
    
   Smith, C. J.,

at the trial, thought the plaintiff negligent in not producing more testimony, as it appeared, from the circumstances then disclosed, he might easily have done it; but thought this testimony, if believed, sufficient to remove the bar of the statute ; but he did not state any thing to the jury. At this Term, he delivered the opinion of the Court [to the effect that the testimony at the trial was competent evidence of a new promise].

Verdict set aside on termsy plaintiff waiving review and to tax no costs for last and present Term.

A review would not bo of any avail, as defendant was of Yermont, and there was bail in this, action.  