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JOYCE v. AUTEN

No. 83.

179 U.S. 591 (1900)

JOYCE v. AUTEN.

Supreme Court of United States.

Decided December 24, 1900.

Attorney(s) appearing for the Case

Mr. Thomas E. Powell for plaintiff in error. Mr. Thomas B. Minahan was on his brief.

Mr. Talfourd P. Linn for defendant in error. Mr. Joseph H. Outhwaite was on his brief.

MR. JUSTICE BREWER, after stating the case as above, delivered the opinion of the court.

The surety, defendant below, now plaintiff in error, did not in his answer aver that the note was not given for value, or that either he or his principal had paid it. His defences were that he was discharged from liability, first, by the conduct of the payee; and, second, by that of the plaintiff.

With regard to the first defence...

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