Van Winkle v. Johnson

By the Court,

Lord, J.:

The plaintiff and defendant were sureties upon a promissory note executed by one James Johnson to the First National Bank at W;alla Walla. James Johnson died insolvent. After the note became due, the defendant called upon the payee and expressed his willingness to pay his part or share of the note, but. he did not pay, nor offer to pay the same. He also made some effort to notify the plaintiff of his readiness to make such payment of his aliquot part, but the information was never communicated to the plaintiff. Subsequently, the holder and payee of the note brought an…