A count in a complaint in the old form of assumpsit for money had and received, in which the promise is laid of a day more than two years prior to the commencement of the action, is demurrable on the ground that it shows the demand to be barred by the Statute of Limitations.

The assignor of a county warrant, who transfers the same by indorsement, is not liable to the assignee as an indorser of negotiable paper, nor as an assignor of an instrument in writing promising to pay money, or acknowledging money to be due, under the statute relating to bonds and due bills.

The husband of a married woman is properly joined with her as a party defendant in an action upon a partnership obligation contracted by the wife and third persons as partners previous to the marriage and while she was a femme sole.

A complaint which contains a count setting forth the facts attending the purchase of a county warrant by plaintiff, and charging that defendants are liable upon an implied contract to repay the purchase money, and a second count charging defendants as indorsers of negotiable paper, and a third count in the usual form for money had and received, is not demurrable on the ground of a misjoinder of causes of action.

A county warrant drawn by. the Auditor, directing the Treasurer to pay to H. & Co. nine hundred and sixty-five dollars for services as county printer, was for a valuable consideration indorsed by H. & Co. to E. and by E. transferred to plaintiff for nine hundred and sixty-five dollars paid by the latter. The warrant was in fact illegal and valueless, and payment being for this reason refused by the Treasurer plaintiff instituted the present action against H. & Co. and E. to recover back the amount paid by him, setting up in the complaint the foregoing facts, and that defendants, at the time of their transfers, represented that the warrant was valid and would be paid on presentation: held, on demurrer, that the complaint stated a cause of action, and that on the facts alleged plaintiff was entitled to recover from defendants the money which he had paid for the warrant.