Greenwood v. Greenwood

1. Any defense which inures to the benefit of the maker of a note, whether it is a set-off or a payment upon the note, inures to the benefit of a surety upon the note. Where a suit upon a note was instituted by the personal representative of the deceased payee, against two defendants, and one of the defendants admitted the execution of the note and pleaded an agreement with the deceased payee which amounted to a payment on the note, and also pleaded as a set-off the value of services rendered by the defendant to the deceased, although upon the trial of the case it appeared from undisputed…