Harrison v. Garner

Smith, C. J., delivered the opinion of the court. According to the testimony of appellants, the time for the payment of the note sued on was several times extended one year upon his agreement to pay interest thereon. The ease, therefore, is ruled by Moore v. Redding, 69 Miss. 846, 13 So. 849, and the instruction which eliminated from the consideration of the jury the defense of the sureties that they had been discharged by these extensions should not have been given. Reversed and remanded„