“Action on a protested bill of exchange, dated 19th of May 1807, drawn by the defendant, at New Orleans, in favour of the plaintiff, at sixty days after sight, on James Brown & Co. of Philadelphia, for 600 dollars—pleas, 1st, non assumpsit; and 2d, non assumpsit, within six years; and issue joined, with leave to the plaintiff, by the agreement of the parties, to give any legal evidence to prove a new promise, or the inapplicability of the Act of Limitations. The bill was presented for acceptance, on the 11th of July 1807, and was protested; on which protest for non-acceptance, this action was brought. It did not appear, that payment was ever demanded, or that a protest for non-payment was made; neither did it appear, that notice of the non-acceptance had been given to the defendant.”
3 Wash. C. C. 404