Owings v. Grimes

*331Opinion op the Court,

by Ch. J. Boyle.

THIS was an-action of assdmpsit, brought by Grimes as the assignee, against 0wings and Weir, the assignors of a note executed by Lewis Sanders, for $420, paya* ble to O wings and Weir, and assigned - by them to Grimes. The declaration, after setting out the and the assignment, alleges that Grimes had, with due diligence, prosecuted a suit upon the note against Sanders, and had failed to recover the money, whereby 0wings and Weir became liable to pay, and being so liable assumed, &c.

Owings and Weir, besides the general issue, pleaded a specie plea, in which…