When notes, bills, books of account, accounts or other evidences of debt are attached, they shall not be subject to be retained upon the execution of a delivery bond, as herein provided, but shall be delivered to the receiver, who shall proceed with diligence to settle and collect the same. For that purpose he may commence and maintain actions on the same, in his own name; but in such actions no right of defense shall be impaired.
§ 521.310, RSMo