Roberts v. Stewart
Mississippi Supreme Court
In error from the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. This was an action against a surety, to recover the amount of a promissory note executed by him and one Blackman, his principal, who has since died. The defendant pleaded four pleas in bar of the action; the two first are sufficiently set out in the opinion of the court.
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In error from the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. This was an action against a surety, to recover the amount of a promissory note executed by him and one Blackman, his principal, who has since died. The defendant pleaded four pleas in bar of the action; the two first are sufficiently set out in the opinion of the court. The third plea averred that the defendant was surety of Blackman on the note sued on; “ and that Blackman made several payments to plaintiff on account of the same; and plaintiff finally agreed, if said Blackman would promise to increase the rate of…
1Opinion of the CourtHandy, J.
This was an action brought by the defendant in error to recover the money due on a promissory note made by the plaintiff in error, as surety for one Blackman, due twelve months after the 10th December, 1851, for $1060.
*666The defendent below pleaded: First. That the plaintiff, on the 28th January, 1853, received from Blackman, on account of the •note, $300; and at the same time agreed, by a written memorandum, entered on the back of the note, to wait for the balance of the note until December thereafter, the agreement for an extension of the time of payment being made in consideration of the sum…
2Cases cited1 opinion
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