Rutledge v. Temple Banking Co.

1. A promise by the maker to the holder of a promissory note after the maturity of the note, to pay a part of the accrued indebtedness, is not a good consideration for an agreement by the holder to extend the time of payment, and therefore does not operate to release a surety.

2. Where the holder of a note applies to other indebtedness due him by the maker a payment made by the maker on the note, it does not operate to increase the existing liability of the surety, and therefore does not release the surety.

3. This being a suit by the holder against the surety on a note, and it appearing from…