Legal Opinion

Treadway v. Drybread

Indiana Supreme Court

Decided May 27, 1835Published

In error.

1Opinion of the Court

SUIT by the assignee against the assignor of a promissory note. The plaintiff had obtained judgment against the maker, and sued out a fieri facias, which was returned nulla bona. Held, that as the plaintiff had held the note 14 months after it became due, before he brought the suit, and gave no satisfactory reason for the"delay, he had been guilty of gross negligence, and ought not to recover against the assignor. M’Kinney v. M’Connel, 1 Bibb, 239.—M’Ginnis v. Burton, 3 id. 6.— Campbell v. Hopson, 1 Marsh. 228.—Merriman v. Maple, 2 Blackf. 350.

2Cases cited2 opinions

  1. Merriman v. MapleIndiana Supreme Court · 1830
  2. M'Kinney v. M'ConnelCourt of Appeals of Kentucky · 1808