
    John Kleinhaus and others v. Henry Generous.
    Motion for leave to file petition in error.
    J. II. Magruder, for the motion.
    
      E B. Ladder, contra.
   By the Court.

1. Where the principal debtor has amply-indemnified the surety by mortgage, an agreement by the-creditor with the principal debtor to extend the time of credit does not discharge the surety.

2. Partners in mercantile business have power to bind the-firm by borrowing money for its use, and when money isbona fide so loaned for its use, a subsequent misapplication of the money to the individual use of the partner will not deprive the lender of his remedy against the other members-of the firm.

Motion overruled.  