Miles v. Gray

Gray, as assignee of a note on Patterson and his surety, assigned to him by Miles, sued the latter in assumpsit, to recover the amount, upon the allegation of due diligence and the return of nulla bona against the obligors. It appears that while Miles held the note Patterson executed to him a mortgage on various articles of household furniture, apparently sufficient to satisfy the whole debt, and that the assignee, Gray, was apprised of it before he brought his suit on the note, and informed by Patterson, the mortgagor, that he would make no defence against a suit to foreclose the same. The…