Conqueror Trust Co. v. Danforth

The opinion of the court was delivered by

WEST, J.:

The defendant signed a note with another person, who was the borrower and real principal, and when sued thereon he pleaded that it was agreed between the plaintiff and himself at the time he signed the note that before he could be held thereon or réquired to .pay any portion thereof the plaintiff would exhaust certain chattel-mortgage security given by the principal, and 'that the defendant should be held for the balance only; that afterwards the plaintiff released its security without his knowledge and consent, although the property mortgaged…