Fisher v. Russell

One J. E. Baker executed a note to appellee, and appellant signed the same as surety. After the note became due appellant made a verbal demand upon appellee to bring suit thereon; appellee did not do so for some three years after such demand. In the meantime Baker, who was solvent at the time such demand was made, became insolvent and died. Appellee instituted suit against appellant on said note and recovered judgment thereon.

The statutes provide that a surety may make written demand upon the payee or holder of a note to sue thereon; and in the event he fails so to do at the next term of the…