Furber v. Bassett

JUDGE PETERS

delivered the opinion of the court:

Amos Bassett, being the surety of E. Bassett in a replevin bond, on the 8th of December, 1859, wrote to appellant, the plaintiff in said bond, that he had his consent to stay the execution on the bond until the 1st of April thereafter, “and longer if he ashed it.”

*434On the 2d of April, 1860, E. Bassett addressed appellant a letter, urging him to withhold the issuing of the execution until he could pay him, without fixing any definite period when he could do so, assigning as a reason for his inability that he had invested about $1,600 in a pork…