
    WASHINGTON COUNTY,
    April Term, 1796.
    Thomas Smith v. William Freel.
    
      ON an appeal from the judgment of a justice of the peace, the plaintiff declared in assumsit, on a promissory note, dated 16th April, 1782, for the payment of 2l. 19s. 6d. The defendant pleaded the statute of limitations.
    The subscribing witness was not to be found; and proof was made, that Freel, since the suit was brought, had admitted, that he had given such a note, but said he had paid it.
   President.

This is not such a promise of a subsisting debt, as will answer the plea of the statute of limitations.

The plaintiff suffered a nonsuit.  