House v. Trustees of Schools of Town 35

On March 4, 1869, a statute was enacted, providing that—

“ Whenever the principal maker of a joint note shall depart this life, it shall be the duty of the payee or assignee thereof to present the same against the estate of decedent for allowance, to the proper court, within two years after the granting of letters testamentary or of administration on his or her estate; and if said payee or assignee shall fail or neglect so to do, the surety or sureties in such note shall be released from the payment thereof.”

On the 1st of September, 1871, while this statute was in full force, Michael L.…