Haden v. Brown
Supreme Court of Alabama
Error tó the . Circuit Court of Tuskaloosa. This was an action against the deféfidant in error as the endorser of a bill of exchange, dfawn and accepted by Don-oho & Payne, dated -the 2d of June 1840, and payable at twelve months after date.
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Error tó the . Circuit Court of Tuskaloosa. This was an action against the deféfidant in error as the endorser of a bill of exchange, dfawn and accepted by Don-oho & Payne, dated -the 2d of June 1840, and payable at twelve months after date. The defendant filed several pleas to the declaration, one of which is the following': “Actio non,” &c., because he says that he endorsed tbe Said bill for the accommodation and as the mere surety of the ’drawers? thereof, and without any other consideration whatever, of which the testator of the said plaintiffs had notice; and the defendant avers that…
1Opinion of the CourtDargan, C. J.
It is contented that the plea, which was demurred to, is insufficient, inasmuch as it does not show how long, orto what particular time the payment of the bill was agreed to be postponed. But we think that this objection cannot be sustained. A security has the right to stand on the precise terms of his contract, and is discharged, if those terms are altered without his consent, whether the alteration consists in the amount of the obligation, or the time, or manner of performing it.' — McKay et al. v. Dodge et al., 5 Ala. 388; Bang et al v. Strong, 7 Hill, 250. Nor is it material whether such…
2Cases cited2 opinions
- Mackay v. DodgeSupreme Court of Alabama · 1843
- Branch of the Bank of the State at Montgomery v. PerdueSupreme Court of Alabama · 1842
3Cited by10 opinions
- Post v. LoseyIndiana Supreme Court · 1887
- Gray's Executors v. BrownSupreme Court of Alabama · 1853
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
- Steele v. TutwilerSupreme Court of Alabama · 1879
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