Rescript by
Danforth, J.An action for money had and received, sustained by a valid promissory note, signed in the presence of an attesting witness, is an action upon such note, within the meaning of R. S., c. 81, § 83, and may be maintained within the same period of limitation as if the note had been specifically declared upon.
jExceptions sustained.
Appleton, C. J., Cutting, Barrows and Peters, JJ., concurred.