Samuel v. Hall

Judge Simpson

delivered the opinion of the Court.

In April, 1840, Hall, assigned to M. V. Thompson, without recourse on account of the solvency of the payors, a note he held for $1,590 on Bristow as principal, and Clarkson and Withers as sureties. Withers had removed to the State of Missouri, and Bristow and Clarkson were both insolvent. Thompson afterwards assigned the note to Washington Samuel.

Samuel sued Withers in one of the State Courts- of Missouri, and during the pendency of the suit, Hall employed a lawyer to go to Missouri to look into its condition and progress; and upon Hall’s…