Which instruction THE COURT (nem. con.) refused to give; CRANCH, Chief Judge, and MORSELL, Circuit Judge, being of opinion, that as, by the agreement, Baker was to receive the money for the plaintiff, the statute of limitations did not begin to run against him until he had notice of the receipt of the money, or had demanded it.
THE COURT, at the prayer of the plaintiff’s counsel, instructed the jury, in effect, that if the final settlement between the defendant’s intestate and the canal company was not made before the 28th of January, 1S32, the plaintiff’s cause of action for his share of the one-fifth retained did not accrue before that day; and that the payments made from time to time by the company to-the defendant’s intestate were to be considered as payments made on account; and that if the final settlement was made on the 2Sth of January, 1832, and not before, and that the amount was paid on that day, the plea of limitations is no bar to the plaintiff’s action, which was commenced on- the 13th of November, 1834.
Verdict for plaintiff, $2,404.81, with interest from the 28th of January, 1S32.