Hardy v. Rapp

This was an action of assumpsit, by the payee against the makers of a promissory note.

The appellant contended, upon the trial in the circuit court,first, that he was a mere surety on the note; second, that, being only such, appellee extended the time of payment on the note, by a valid agreement, without his consent; and third, that, as such surety, at the maturity of the note he notified the holder thereof, in writing, under the statute, to bring suit against the principal maker of the note, otherwise he would claim to be discharged from liability, and that no suit was brought pursuant to…