Fletcher v. Gamble
Supreme Court of Alabama
Error to. the Circuit Court of Limestone. THIS was an action of debt, brought by the defendant in error against the plaintiff in error, on a note executed by the defendant, and one Eldred Rawlins, not sued in the action. The defendant pleaded a set-off, with leave to give any matter in evidence which would constitute a good special plea in bar, upon which issue was joined.
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Error to. the Circuit Court of Limestone. THIS was an action of debt, brought by the defendant in error against the plaintiff in error, on a note executed by the defendant, and one Eldred Rawlins, not sued in the action. The defendant pleaded a set-off, with leave to give any matter in evidence which would constitute a good special plea in bar, upon which issue was joined. From a bill of exceptions taken at the trial of the cause, it appears that the plaintiff read the note in evidence, to the jury, and rested his cause. The defendant then read to the jury the following record oí- a judgment…
1Opinion of the CourtOrmond, J.
The question to .be decided is, whether a confession of judgment by the principal debtor, and stay of execution by the creditor for six months, without the knowledge or consent of the surety, will discharge the liability of the surety to the creditor.
' The doctrine applicable to this case, is borrowed from Courts of equity, and is thus stated by Mr Justice Story, in his work on Equity. “ If a creditor, without any communication with the surety, and assent on his part, should afterwards enter into any new contract, inconsistent with the- former contract, or should stipulate in a binding…
2Cited by5 opinions
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