Flanagan v. Patterson

Newcomb, C.

The appellant filed, on October 15th, 1879, her verified complaint, under section 99 of the code of prac*515tice, praying to be relieved from a judgment rendered against her in favor of the appellee.

The original action was on a promissory note executed by James W. Flanagan and the appellant, by the latter as surety of the former; and her defence was, that an extension of time had been given by the payee to the principal debtor, for a valuable consideration, without the knowledge or consent of the surety, the payee knowing that she was a surety only on the note.

The grounds for relief…