Browning v. Tucker ( 1870 )

By the CoukT.

These replications must both be overruled. A new promise made by the maker of a promissory note, after the statute of limitations has once commenced to run against it, does not revive the note as against the guarantor, nor does the absence of the maker from the state bar the operation of the statute in favor of a guarantor who remains therein, and against whom there exists a separate cause of action.

Demurrer sustained.