Baker v. Blades
Supreme Court of Missouri
Jlppeal from Montgomery Circuit Court. cited Pillard v. Darst’s adm’r, 6 Mo. 358 ; Hays v. Bell & Williams, 16 Mo. 496 ; Collins v. Warburton et al., 3 Mo. 146 ; Pococke v. Blount, 6 Mo. 338, 345 ; Ricketson et al. v. Wood et al., 10 Mo. 547 ; De-lany’s ex’r v. Kerr, 10 Mo. 558.
1Opinion of the CourtRyland, Judge
The question in this case is, whether an assignee, who could have recovered part of his debt of the makers of the note, was *406bound to sue to entitle him to his remedy against the assignor. The suit here was by the assignee against the assignors. The court gave the following instruction for the plaintiff: “Unless the jury believe from the evidence that a sufficient amount could be made out of Smith and Britt, the makers of the note, to pay for the trouble and expense of a suit, they must find for the plaintiffs.” The court also gave the following instructions for the defendants : “1. The…
2Cases cited7 opinions
- Stone v. CorbettSupreme Court of Missouri · 1855
- Clemens v. CollinsSupreme Court of Missouri · 1851
- O'Fallon v. KerrSupreme Court of Missouri · 1847
- Pococke v. BlountSupreme Court of Missouri · 1840
- Clemens v. CollinsSupreme Court of Missouri · 1848
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