Brinker v. Perry

*194Opinion op the Court,

bv Judge Owslet.

THIS was'an action brought by Brinker, to recover Per>T upon an assignment which the latter made to the former, of a note executed by Blanks Mpody.

The note of Moody bears date the 3d of August, 1819, was payable the 3d of August, 1820, and was assigned by Perry to Brinker the 23d of August, 1820.

The declaration of Brinker no where suggests, that 'ie *las exercised any diligence, by prosecuting suit against the maker of the note. It states, “ that when tlie note became payable, Moody had left the state, and continued out of the state for many months, and is…