Lyon v. Pignatel

T. B. Sale executed to T. Burwell Green his note for $500. The note contained this entry on the back of it. “I guarantee one half payment of within note. D. M. Lyon.” The note was sued on by the executrix of the payee. The principal maker, Sale, made no defense. Lyon pleaded a discharge of liability because the payee had released Sale. On the trial it was *273stipulated that Lyon’s liability on the note was only that of a surety. A verdict was directed against the principal maker for the full amount, and against the surety for one half of the amount due on the note. The surety moved for a new…