Wittmer v. Ellison

Citations

• 72 Ill. 301

Syllabus

<p>1. Surety—extension of time to principal—Twin availed of by surety. Where an action at law is upon a specialty, a surety can not set up a parol agreement to enlarge the time of payment without his assent, as a defense. In such case, his remedy must be sought in a court of equity.</p> <p>3. Consideration for an agreement to extend time of payment. Where the holder of a specialty for the payment of money agrees to enlarge the time of payment in consideration of money paid to him, he can not after-wards set up the usury, and allege the invalidity of his agreement to enlarge the time of payment.</p>