Binnian v. Jennings

The opinion of the court was delivered by ■

Dunbar, J.

This action was brought by the appellant against defendant W. J. Jennings and respondent F. H. Whitworth, on a promissory note. Judgment *678was taken against Jennings on the pleadings. Whit-worth answered separately, admitting the execution of the note, but denying any indebtedness, and setting up as an affirmative defense that he signed as a surety only and that Binnian knew that he so signed, and that appellant Binnian and defendant Jennings had entered into an agreement for a valuable consideration for the extension of the time of payment…