76 Mo. 70 | Mo. | 1882
This suit was instituted upon a note in which A. P. Douglass was principal, and A. Sovereign, security. In a trial of the cause in the circuit court of Caldwell county, where it had been taken by appeal, judgment was rendered in favor of said Sovereign, from which plaintiff has appealed.
Sovereign, the security, sought to be excused from liability on the ground that after the note became due he notified the plaintiff that Douglass, the principal, was about to fail, and to make his money out of him, as he, Sovereign, was unable to pay the debt; and on the further ground that plaintiff had extended the time for payment of the note.
The court erred in refusing to instruct as requested by
Eor the errors above indicated the judgment will be reversed and the cause remanded,