Binford v. L. W. Lichtenberger Estate

Plaintiff, payee on a promissory note, sought recovery from the estate of the deceased maker of the note 1 and from defendant, maker’s wife, who also had signed the instrument. Defendant defended on the grounds that plaintiff had given the maker an extension on the note without her knowledge and that plaintiff had failed to make timely presentment. The trial court found that (1) plaintiff had agreed to forebear collection of the note when the maker became delinquent, (2) defendant was an accommodation indorser and (3) plaintiff was not prompt in presenting the note to defendant for payment…