Thayer v. King

Smith, P. J.:

Tbe action is upon a promissory note made by Andrew Jack and tbe defendant as bis surety. Tbe note was made tbe 19th of Eebrugry, 1876, for $130, payable thirty days after date to the Bank of Lima or order. Tbe Bank of Lima was a name assumed by tbe plaintiff, who was engaged in tbe business of banking. Tbe plaintiff owned tbe bank,'and he discounted tbe note, and was its owner. He knew that tbe defendant signed tbe. note as surety for Jack.

*438Two grounds of defense are set up: first, tbat by agreement between the plaintiff and Jack, the time for payment was extended without the…