Marshall-Wells Co. v. Tenney

At the close of plaintiff’s testimony, counsel moved for a nonsuit in favor of defendants, which was denied. The principal question on this appeal is, Did the agreement between the plaintiff and other directors of the Multnomah Iron Works, whereby the creditors took charge of the affairs of the Multnomah Iron Works, and the acts performed by the Marshall-Wells Company pursuant to the agreement, in any way affect or release the defendants from liability under the guaranty?

The evidence in the case shows that the creditors’ agreement was entered into without the knowledge or consent of defendant…