Merritt v. Lincoln & Roe

By the Court, Welles, J.

The action was upon a promissory note given by the defendants to the plaintiff, on which Lincoln was the accommodation surety for Roe. The defense-set up by Lincoln was, that after the note became due, he requested Merritt, the payee and holder, to collect the note of Roe, the principal, and directed him to sue Roe, which Merritt, the plaintiff, neglected to do. That thereafter, and before the commencement of this action, Roe became insolvent and unable to pay his debts, and made an assignment for the benefit of his creditors, whereby Lincoln, the surety, became…