Hill v. Sherman

Baldwin, Ch. J.

—-This action is upon a note signed by defendants as makers. The facts found by the Court are : 1st. That Smith was surety for Sherman, as alleged in his answer, and that plaintiff knew it. 2d. That Smith, on or about June, 1859, wrote to the plaintiff, who resided in Pennsylvania, informing him that he wished him to see to collecting the note in suit, of Sherman, and that he (Smith) did not intend to stand bail any longer. . This letter was received by plaintiff, but he never answered it, and brought no suit till May, 1861. Upon these facts the Court found as conclusions of…