Barclay

Judgment was rendered in the court below upon findings in favor of plaintiff and against defendant as administrator. This appeal is from the judgment and an order denying defendant’s motion for a new trial. The facts are not disputed, and, so far as pertinent to the question to be here decided, are substantially as follows: On the seventeenth day of January, 1893, Mrs. S. C. McLellan made a promise in writing to pay plaintiff on said day the amount in controversy, married the defendant, and died in February, 1896, leaving the amount unpaid. On the twenty-first day of February, 1896, the defendant was appointed administrator of the estate of deceased, and on March 2, 1896, letters of administration were didy issued to him. On June 11, 1896, the plaintiff duly made out and presented his claim in writing to defendant as such administrator. The defendant kept the claim and did not notify the plaintiff of his action upon it until August 16, 1897, when he returned it with his indorsement in writing rejecting it. On the twenty-second day of October, 3897, this action was commenced. The only question to be here determined is whether or not the plaintiff’s cause of action was barred by the…