Spears v. Clark

Assumpsit by the assignee against the *297assignor of a promissory note. Plea, the general issue. Judgment for the plaintiff. The evidence is upon the record.

The first point made in this Court is, that due diligence was not used in attempting to.recover the money from the makers of the note.

It appears that judgment was obtained against them at the August term, 1839, of the Tippecanoe Circuit Court, which was the first term after the assignment of the note to the plaintiff That assignment, we should remai’k, is without date; and the appellant, the defendant below, contends that one or more terms…