New York Supreme Court December 6, 1864 (Power v. Hathaway)

By the Court,

E. Darwin Smith, J.

In the findings of the learned judge who tried this cause at the circuit *217without a jury, it is stated that the defendant received the money 'for which the action is brought on the 28 th day of June, 1855, and this action was commenced on the 16th day of May, 1862; also that the plaintiff and defendant then were, and have ever since been, residents of the