Wittmer v. Ellison

This was debt, upon a specialty, for the payment of money by a fixed time, to appellant, plaintiff below, and was executed by one Blakeman and appellee, Ellison. The latter set up as a defense, that he executed the instrument as a mere surety for Blakeman, which was known to plaintiff; that the latter, for the consideration of money paid him by Blakeman, the principal, without the knowledge or assent of appellee, enlarged the time of payment for one year.

- Evidence was given tending to establish that defense, and the jury found for Ellison. The court, overruling appellant’s motion for a new…