Walsh v. Henel

Edgcomb, J. (dissenting).

The question involved in this action is whether the defendants Henel have been released from their obligation upon the bond and mortgage in suit. When they sold the mortgaged property to the defendant Lutz, and she promised and agreed to pay the mortgage debt, she became the principal debtor and the Henels became sureties. If, after that relation had been created, plaintiff extended the time of payment of the bond and mortgage in suit -without the knowledge or consent of the sureties, they became discharged from their obligation. The question of what injury, if any,…