Goodhue v. Palmer

Palmer sued one Barker, and Goodhue, the appellant, before a justice of the peace, on a promissory note. Barker was the principal in the note, and Goodhue the surety. Judgment against the defendants before the justice. No appeal was taken by Barker. Goodhue severed, and singly appealed. In the Circuit Court, Goodhue set up as a defense that Palmer had given time to Barker, the principal in the note, without the consent of the surety. But the time was given upon a void, usurious contract, and, hence, did not operate to discharge the surety. Shaw v. Binkard, 10 Ind. R. 227.

On the trial, Goodhue…