Cantrell v. Byars

John Cantrell sued G. C. Byars on three promissory notes, executed by their makers under seal, two of which Byars indorsed as surety or accommodation indorser and the third as maker. The defendant plead that he had been discharged from liability on the notes by an agreement with the plaintiff to the effect that if the defendant paid certain notes payable to the First National Bank of Rome and signed by the defendant as maker and plaintiff as indorser, and if defendant would not file a proceeding in voluntary bankruptcy, the plaintiff would release the defendant from liability on the notes…