Hall v. Clopton

Citations

• 56 Miss. 555

Syllabus

<p>1. Promissory Note. Surety. Consideration.</p> <p>Forbearance by tbe payee of a promissory note to sue the maker thereof is a sufficient consideration to support a contract of suretyship made by a third person signing the note, although the maker did not assent thereto.</p> <p>2. Same. Fraud.</p> <p>If the payee entraps a third person into signing a promissory note as surety, in consideration of extending further time to the maker, by the false statement that the maker desires it, when in fact the maker has refused to give any security, then the contract of such third person is void for fraud.</p> <p>3. Evidence. Hearsay. Res gestee. Verbal acts.</p> <p>Conversations between the plaintiff and his agent, not in presence of - the defendant, are incompetent as against the defendant; but such agent may state that he acted as agent for the plaintiff, the payee of the note sued on, in demanding additional security, without which said payee refused to receive the note, these facts being verbal acts constituting a part of the res gestee.</p>