Ray v. Summerlin

Suit on a promissory note by appellant against appellee. The litigated issue of fact was presented by the averments of the seventh plea which interposed the defense that defendant was, with knowledge of plaintiff, only a surety on the note 'sued upon, and that plaintiff, without the knowledge or consent of the defendant, had agreed, with the principal, for a valuable consideration, paid before the maturity of the note, for an extension of time of payment. Scott v. Scruggs, 95 Ala. 383, 11 South. 215; Mobile & M. Ry. Co. v. Brewer, 76 Ala. 135.

It is insisted the proof was insufficient for…