Benson v. Phipps

GAIHES, Chiee Justice.

The plaintiff was a surety for one Hosack, the principal maker upon a promissory note payable to the defendant in error. Some days after the note fell due, Hosack wrote defendant' in’error requesting an extension, to which request defendant replied by letter as follows: “I will extend the time of payment one year, and look with confidence for the accrued interest within sixty days, hoping it will not inconvenience you. After that, if it is your pleasure to make the interest on the extension payable semi-annually, it will help me.”.

The defendant in error testified to…