McMurray v. Wood

Judge Marshall

delivered the Opinion of the Court.

This action was brought by McMurray, the assignee, against Wood, the assignor, of a note for sixty seven dollars and fifty cents, executed to said Wood by E. Ridge. On the trial, the Circuit Court, being of opinion that the plaintiff had failed in proving that he had used due diligence in pursuing the obligor of the note, instructed the jury to find as in case of a non-suit; and the only question now presented is whether that instruction was correct.

The note was assigned on the 13th of September, 1837, being due and payable before that time.…