Lyman v. Waterman

Ryan, C.

On May 12, 1890, Oliver Eaton and D. Waterman executed a promissory note to plaintiff in error for $52.70, due ninety days after date. Suit' was brought against Waterman on this note, and upon a trial to the court there was a finding for the defendant and judgment accordingly. The defense of Waterman was that he was surety on said note, and that for a valuable consideration paid by Eaton the time of payment was extended by the payee without the knowledge of Waterman, who thereby was discharged. This was denied by a reply of plaintiff. On the trial, a jury being waived, plaintiff in…