Head v. Dyson

The opinion of the court was delivered by

Brewer, J.:

Plaintiff in error, plaintiff below, brought an action against the two defendants in error and one J. M. *75Mclndoo, on a promissory note. The defendants in error answered, alleging that they were only sureties on the note; that Mclndoo was principal, to the knowledge of the plaintiff, and that plaintiff, after the maturity of the note, and without the knowledge or consent of these defendants, gave for a valuable consideration an extension to Mclndoo, thereby releasing the defendants as sureties from further liability. Judgment was rendered by…