Kelly v. Frisbie

APPEAL from Seventh Judicial District, Solano County.

This was an action on a promissory note and to enforce an alleged guaranty. One Vallejo had given to the plaintiff his note for three thousand dollars, with interest at ten per cent per annum, dated October 1, 1859, and payable in two years; the note was not paid at maturity. The complaint, after stating in effect thus much, went on to allege that besides this indebtedness Vallejo owed the plaintiff other moneys, and, without breaking the verbal connection, the complaint continued that the defendant, in order to obtain for Vallejo further time for payment, executed the following paper:

“In consideration of the agreement of John Kelly to extend the time of payment of the amount due from Platou W. G. Vallejo to said Kelly for one year from this date I agree to pay at one year from this date such amount, whatever it may be, with one and a half per cent interest per month thereon from this date until paid.

“October 1st, 1860. (Signed) JOHN B. FRISBIE.”

There was, the next year, a further extension indorsed on the paper, thus:

“The within agreement has been extended one year from date.

“Vallejo Oct. 1, 1861.

(Signed) JOHN B. FRISBIE.

“JOHN KELLY.”