Taylor v. . Bridger

ClaRK, O. J.

The only question presented is whether the quia timet notice under C. S., 3967, would relieve the defendants of their obligation as endorsers of a note, the makers of which were nonresidents.

Independently of this statute, “Forbearance or delay in collecting from the principal debtor furnishes no ground on which the surety can ask for exoneration.” Bank v. Homesley, 99 N. C., 531.

When the creditor fails to bring suit against the principal upon due notice by the surety or endorsers, there is an implied agreement to forbear which discharges the surety. On the face of the note here…