
    Hughes v. Overton.
    Error to the circuit court of Lewis county.
    1 he following opinion was delivered at the August term of the year 1-838, and the case on motion of the plaintiff in error, being kept under advisement, and the two judges who were then on the bench, being still of opinion that its former judgment was correct, now direct their opinion to be transcribed for publication.
    Ellison for plff.
    1st. The case of Ewing vs. Miller Mo. Rep. A. D. 1822, page 235, plea of fraud is good as well against the assignee as the obligee of a bond or note. See also statute of 1835, page 105, sec. 3.
    2nd. the case of Montgomery vs. Tipton, Mo. Rep. A. D. 1824, page 447; 3rd sec. 1st Chitty 502, margin 4th sec. also, a late edition of 1st Chitty, page 570; 9th Coke 110*
    Allen for deft.
    Thei e is no error, see the precedents in 3rd Chitty’s plea* dings, and the authorities there cited in note p. 963.
   Edwards Judge.

This case is similar to the case of Pemberton and Staples just decided, and must go in the same way. The other judges concurring, the judgment of the circuit court in reversed, and the cause remanded.  