New York Court of Appeals

Samuel Hubbard, Appellant v. Jesse Gurney, Respondent

March 21, 187664 N.Y. 457

Summary

The New York Court of Appeals affirmed the judgment of the General Term, holding that parol evidence of a maker's suretyship is admissible and does not vary the terms of the written note, that an extension of time granted to the principal debtor without the surety's consent discharges the surety, and that the parties’ conduct established an implied agreement to extend the time with sufficient consideration.