| In an action of assumpsit concerning a promissory note, the plaintiff, surviving payee, sued the defendant, surviving maker. The defendant pleaded that the principal debtor, Jacob E. Depuy, was known to be insolvent and demanded the plaintiff to sue, but the plaintiff failed to do so within a reasonable time. The suit was initiated two years after the notice to sue. The court reversed the judgment, as failure to sue within a reasonable time bars action against the security. |