Supreme Court of Rhode Island, 1870

Browning v. Tucker

Browning v. Tucker
Supreme Court of Rhode Island · Decided October 6, 1870 · CoukT
9 R.I. 500

Browning v. Tucker

Opinion of the Court

By the CoukT.

These replications must both be overruled. A new promise made by the maker of a promissory note, after the statute of limitations has once commenced to run against it, does not revive the note as against the guarantor, nor does the *501 absence of the maker from the state bar the operation of the statute in favor of a guarantor who remains therein, and against whom there exists a separate cause of action.

Demurrer sustained.

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