Strong v. Sheffield N.Y. Ct. App.,

144 N.Y. 392, 39 N.E. 330 (1895)

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Nature of the Case

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Facts

The demand note upon which the action was brought was made by the husband of Sheffield (D) and indorsed by her at his request and delivered to P, the payee, as security for an antecedent debt owing by the husband to P. The debt of the husband was past due. The only consideration for the wife's indorsement was an agreement by P when the note was given to forbear the collection of the debt, or a request for forbearance, which was followed by forbearance for a period of about two years subsequent to the giving of the note. P did not demand payment for a two-year period. D was unable to pay the note upon demand. A judgment was given for P against D. D appealed.