Summary

John McLean McCarty v. Roots — Opinion of the Court

The various parties to an accommodation bill, where no consideration has passed as among themselves, are not, unless by special agreement, bound to pay in equal proportions as co-sureties. The averments of the plea are defective in not stating there was an agreement between the drawers and endorsers of the bills of exchange to contribute equally in paying them.
Source: Wikisource

John McLean McCarty v. Roots — Opinion of the Court

In the seventh plea, which was amended, an agreement is alleged between the bank and Holland, that if Holland would give his notes to the bank, bearing six per cent. interest, with real and personal security, payable by instalments on the 1st day of January, 1856, 1857, and 1858, the bank would extend the times of payments as above stated, which was agreed to by Holland, the bank being then the holder of the bills; and that this was done without the consent or knowledge of defendant.
Source: Wikisource

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