Allgaier v. Scott

Opinion of the Court by

Judge Hardin:

In this action the appellants were sued as the co-obligors of J. T. Daviess on a promissory note, executed to the appellee as guardian to Ella P. Offutt, for $281.92, and in their defense they claimed exoneration on the ground that the plaintiff had, after the maturity of the note, without their consent, stipulated with their said co-obligor, for whom they were sureties in the debt, to give indulgence thereon for a specific time, in consideration of the payment of usurious interest.

The court rendered a judgment for the plaintiff, and the sureties have…