Dennis v. Rider

OPINION OF

THE COURT.

This action is brought on a promissory note. The defendants pleaded nonassumpsit; and four special pleas, substantially, that Pierson was the security of the other defendants. That he gave notice to the agent of the plaintiffs, that the principals were in doubtful circumstances, and requested him to commence suit. That his co-defendants were then solvent, and able to pay the amount, but the plaintiffs neglected to bring suit until, &c., at which time their co-defendants became insolvent To these pleas the plaintiffs’ counsel demurred.

In this state there is an act entitled…