Nugent v. Curran

Winslow, C.

This is an action on a promissory note executed by appellant and one Byrne to respondent, dated *324September 2nd, 1872, at one day, with interest at ten per cent.

The answer admits the execution of the note, and sets lip as a defense, that appellant signed the note as surety; that, about three years after its execution, appellant learned that Byrne was in failing circumstances, of which he informed respondent, and told her that he wanted her to see Byrne and get other security and release him ; that appellant and respondent saw Byrne in April, 1876, who, at their joint request, gave…