Harrison v. Garner
Mississippi Supreme Court
Harrison v. Garner, 110 Miss. 586 (Miss. 1915)
70 So. 700
Smith
Harrison v. Garner
Opinion of the Court
delivered the opinion of the court.
According to the testimony of appellants, the time for the payment of the note sued on was several times extended one year upon his agreement to pay interest thereon. The ease, therefore, is ruled by Moore v. Redding, 69 Miss. 846, 13 So. 849, and the instruction which eliminated from the consideration of the jury the defense of the sureties that they had been discharged by these extensions should not have been given.
Reversed and remanded„
Reference
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- Syllabus
- Trial. Instructions. Ignoring defenses. Extending time of payment. Surety. Release. An agreement by the payee of a note to extend for a definite period the time of payment, in consideration of the promise of the principal debtor to pay interest on the debt during such extension, constitutes a binding contract of forbearance, and ■will operate to discharge a surety who does not consent to the extension, and an instruction which eliminates from the consideration of the jury such defense by the surety should not be given.