Carr v. Howard

Carr, the assignee of Robertson, brought an action of debt against G. Howard, one of the makers of a sealed note for 300 dollars with ten per cent, interest; L. Howard, the other maker, being dead. The defendant pleaded seven pleas. The first and third pleas led to issues of fact. The second plea is, that after the maturity of the note, and before its assignment, Robertson, the payee and assignor,' agreed with L. Howard (who was the principal debtor, the defendant being only his sui-ety) that in consideration L. Howard would pay him in advance one year’s interest at the rate of ten per cent,…