Bernheimer

This action is brought to recover the amount of two promissory notes, made in New York, respectively October 9,1852, and February 11,1853, payable at the same place, eight months after the dates thereof.

Defendant, by his answer, sets forth as a defense, that the notes were made and executed out of this State, and the several causes of action arising thereon and mentioned in the complaint, occurred to plaintiff more than two years before the commencement of this action. Plaintiffs demur on the ground of insufficiency of the answer.

This issue involves the consideration and decision of this question : Is the plaintiff’s right of action varied or extinguished by the Statutes of Limitation of this State.

On the 4th of May, 1852, an act was passed in effect as follows— An action upon a note executed out of this State can only be commenced as follows:

To this, on the second of April, 1855, a supplementary act was passed, providing, in effect, that an action on a note made out of this State, “ can only be commenced within two years from the time the cause of action has accrued, or shall accrue.”

The right of action on these notes accrued respectively in June and October 1853, and…