Jaqua v. Montgomery

The court below sustained a demurrer to the second paragraph of the reply, and this ruling we are called upon to review.-

*37One paragraph of the complaint averred, that the defendant, on. the 28th of February, 1865, made his promissory note to one Antisdale, payable in one year, which Antis-dale assigned to the plaintiff before maturity; that after 'it became due, the defendant pi’omised the plaintiff to pay the note on the 1st -of September, 1866, in consideration that the latter would give day of payment and forbear to sue until that time; that the plaintiff, in consideration of said promise,…