Bernitz v. Stratford

John McCoy made his note to Frederick Bernitz, and the latter assigned the note to Isaac W. Stratford before it fell due. Stratford did not sue McCoy, the maker, to recover the amount of the note from him, but sued Bernitz on his assignment, alleging, as an excuse for failing to sue McCoy, the maker, that he had left the State.

Bernitz answered in bar of the action against him, in addition to the general denial, that McCoy left property in the State sufficient to pay the note, which property could be reached by attachment. Issue of fact by denial.

On the trial the note, amounting, with interest…