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Kies, against N. Tifft and S. Tifft, Error from Cayuga Common Pleas
Curia.
In our opinion, the Common Pleas erred. The defendants were hound to usé due diligence in collecting the money on the bond and mortgage, particularly as they were so directed by the plaintiff. They ought not to have suffered a term to pass, after the money fell due, without a prosecution. (Moakly v. Riggs, 19 John. 69.)
Judgment reversed.