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Donlan v. Parrott

1 Cal. Unrep. 37 Court Cal. Decision date 1856-09-29 Docket No. 1137 English

Judges I concur: Murray, C. J.

Delivered by TERRY, J.

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p. 37
MARTIN DONLAN, Appellant, v. JOHN PARROTT and HENRY M. NAGLEE, Respondents.
No. 1137;
September 29, 1856.

Headnote

Suretyship — Release by Extension. — A surety is released if, without notice to him, the creditor gives the principal debtor an extension.
APPEAL from Fourth Judicial District, San Francisco County.
Julius K. Rose for appellant; Williams, Shafter & Park for respondents.

— The plaintiff having ‘granted to the principal debtor an extension of the time of payment, without the knowledge or consent of the surety, the liability of the surety is discharged.

Judgment affirmed.

I concur: Murray, C. J.