
    Cope v. Huntt.
    The indorser of a promissory note is discharged by the plaintiff’s giving the maker time to pay by instalments.
    Assumpsit, against- the indorser of Houston’s note for $500, due July 7, 1829.
    
      Mr. R. S. Coxe, for the defendant,
    offered evidence of a subsequent agreement between the plaintiff and the maker of the note, that the latter should assign ten dollars a month of his pay as a clerk in the Treasury Department in payment of the note; and that the plaintiff should wait for payment in that manner. That Houston continued to make such payments according to the agreement until April, 1831; and that this agreement was made without the knowledge of Huntt, the indorser. Bank of United States v. Hatch, 6 Peters, 250; 5 Yin, Ab. 527, pi. 17; Bridgman’s Digest.
    
      Mr. J. Dunlop, contra.
    
    There was no new consideration. It was a mere promise to wait. McLemore v. Powell, 12 Wheat. 554, 556.
    Whereupon, the Court; (Morsell, J., contrd,) instructed the jury, at the prayer of the defendant’s counsel, that such an agreement, if proved, discharged the indorser, (the defendant,) from his. liability.
    Verdict for the plaintiff; but,
   The Court

being of opinion that the verdict was against the evidence, or the law, granted a new trial.

(Morsell, J., contrd.)  