Hale v. Forbis
Montana Supreme Court
Appeal from Third District, Lewis and Clarice County. The action was tried before "Wade, C. J., with a jury. A valid contract between the principal and payee of a note extending the time of payment for any period, without the consent of the surety, will release him. The payee must keep in a condition to proceed on the note according to its terms. If he ties up his hands without the consent of the surety he releases him. 1 Story’s Eq.
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Appeal from Third District, Lewis and Clarice County. The action was tried before "Wade, C. J., with a jury. A valid contract between the principal and payee of a note extending the time of payment for any period, without the consent of the surety, will release him. The payee must keep in a condition to proceed on the note according to its terms. If he ties up his hands without the consent of the surety he releases him. 1 Story’s Eq. Jur., § 326; Edw. on Bills, *355, 572, 573 ; 2 Am. L. C. 308, 309 ; King v. Baldwin, 2 Johns. Oh. *560; Bangs v. Strong, 7 Hill, 250. It is not necessary that…
1Opinion of the Court
BláKE, J.
The respondent brings this action against the makers of the following promissory note :
“ Helena, Mon., September 1, 1873.
“ $745^%. Nine months after date, for value received, we promise to pay to the order of Robert 8. Hale the sum of seven hundred forty-five and dollars, negotiable and payable at his business house at the city of Helena, M. T., without default or discount, with two per cent interest per month from maturity until paid, both before and after judgment.
“E. E. BYWATERS,
“ J. F. FORBIS.”
The complaint alleges that the interest had been paid to November 1, 1874; and that the…
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