Harrison v. Garner

Citations

• 110 Miss. 586
• 70 So. 700

Syllabus

<p>Trial. Instructions. Ignoring defenses. Extending time of payment. Surety. Release.</p> <p>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.</p>