
    WINDHAM COUNTY,
    SEPTEMBER TERM, A. D. 1791.
    Fitch v. Ripley.
    An'action upon a note for money, is appealable, notwithstanding it hath two subscribing witnesses, if either or both, are dead, or become interested.
    EeeoR to reverse a judgment of the County Court, in an action brought by Bipley v. Eitch, on a note for £200, which had two subscribing witnesses, one of whom was dead. The County Court denied an appeal, because the note was for money only and had two-subscribing witnesses.
    Error assigned — That an appeal ought to have been allowed, as one of the witnesses was dead said note was not nor could be vouched by two witnesses.
   Judgment- — -Manifest error. This point was decided in the Supreme Court of Errors, May last, in the case of Barker v. Coit; where one of the subscribing witnesses became interested by the death of the promisee, it was determined that an.appeal lay.  