Whaley v. Vanhook

*272Petition eor a Re-hearing,

Octoier 9,

By Messrs. Owsley & Goodloe.

In an action by the assignee of a note, against bis assignor. upon the assignment, due diligence consists in ex’ hausting all the remedies, direct and collateral, to coerce payment: Smallwood vs Woods, (1 Bibb, 546;) Trimble vs Webb, (1 Monroe, 103.)

If it appears from the record of the action brought by the assignee against the obligor, that a collateral or incidental remedy will probably coerce any part of the debt, a return of “nulla bona’ does not show due diligence, without showing the result of the incidental or collateral…