Shepherd v. May
Supreme Court of the United States
IN 'ERROR TO THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. This war-'-a action at law brought by John Frederick May, the defendant in error, against Alexander E. Shepherd, the plaintiff in error, to recover a balance due on a promissory note.
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IN 'ERROR TO THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. This war-'-a action at law brought by John Frederick May, the defendant in error, against Alexander E. Shepherd, the plaintiff in error, to recover a balance due on a promissory note. The facts disclosed by the bill of exceptions were, in substance, as follows: On April 26, 1875, May lent Shepherd $10,000, whereupon Shepherd made and delivered to* May a note of that date, and amount, payable to his order two years after date, with interest at ten per cent, per annum, payable quarter-yearly until-paid. To secure the payment of the…
1Opinion of the Court
■Mr. Justice Woods
delivered the opinion of the court. After stating the facts in the language above reported, he continued :
The first contention of the plaintiff in error is, that by reason of the transactions stated in the bill of exceptions, Walker'became the .principal debtor of May, and Shepherd became his surety, and as May, upon a valid contract with Walker, extended the time for the payment of the note without the consent of Shepherd, the latter was. thereby discharged.
The plaintiff in error sought upon the trial to give effect to this contention by asking the court to direct the jury…
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- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
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