“This case resembles that of M’Culloch vs. Girard, which was tried at the October sessions of this court in 1822, (see ante 289,) the present plaintiff having been one of the persons on whose account Mr Jones made, the contract with the defendant. The few points of difference between the two cases are totally immaterial to the point decided in this cause, and therefore are not stated. Besides the general issue, the defendant in the present case pleads the act of limitations, and the question to which this plea gave rise was, whether the six years began to run from the 2d of October 1816, when the interest on the stock paid by the plaintiff, to the defendant was received by the latter, or from the 25th of November of that year, when the resolution of the bank of the 5th of that month was rescinded, and if not then, from the 7th January 1817, when the resolution was passed for restoring to those subscribers who had paid the interest under the first resolution, the sums so respectively paid by them? The agreement to enter an amicable action in this case was signed on the 20th, and was filed on the 27th of November 1822.”