Collier v. Municipal Acceptance Corporation

ANDERSON, Chief Justice.

The bill seeks a discovery as to the whereabouts of the notes and whether or not they were paid and shows that complainant has no plain and adequate remedy at law. Should the plaintiff sue the bank, it would have to prove that the bank collected the notes from the Colliers in order to recover. Or if,' as suggested by appellants’ counsel, it brought detinue for the notes, it would have to prove that the bank received the notes and still had them. On the other hand, the complainant could not recover in an action at law against the Colliers without getting the notes or…