The opinion
Temple, J., dissenting.
— I dissent. Under our statute, a custom which would prove an agreement to pay more than legal interest is against law. I also think, that assent to an account stated does not take the account from the operation of the statute of limitations. *73 The cases which hold that the account stated is a new promise, and the statute begins to run from that time, have no force here, where the acknowledgment must be in writing.,