Chrisman v. Tuttle

— Tuttle sued Briggs and Chrisman upon a promissory note. Chrisman was surety upon the note. Briggs made default. Chrisman defended.

One paragraph of his answer averred, that he, at a certain time, “ notified the plaintiff that he would no longer remain as surety on the note, and that he” (plaintiff) “must proceed at once to collect the same from Briggs, who was then solvent; that the plaintiff then agreed to proceed and collect the note from Briggs, and by said agreement waived the notice for such purpose to be given in writing.”

The fourth paragraph of his answer was as follows: “That he was…