Phelps v. Walkey

I. The defendant Spry alleges that he is a surety on the note, and, as a defense, avers in his answer that the plaintiff extended the time upon the note in consideration of money paid him by the principal in the note, who also paid to the plaintiff usurious interest thereon. The plaintiff in reply denies the allegation of the answer, and sets up that the surety, after the alleged extension, received from the principal two promissory notes to indemnify him against liability on the notes in suit, and thereafter admitted his liability -and requested the plaintiff not to commence suit until the…