Dean

Plaintiff commenced the action to recover the principal and interest of a certain promissory note, executed by defendant, Sedan Milling Company, dated September 3, 1908, for $2,000, payable ninety days after date to the Central Bank or order, with interest at the rate of eight per cent per annum, payable' monthly. The Central Bank assigned the note to plaintiff, who brings the action. Defendant Postlethwaite indorsed the note as follows: “For value received, I hereby guarantee the payment of the within note at maturity or at any time thereafter with interest at the rate of 8 per cent per annum, until paid, waiving demand, notice of nonpayment and protest.”

Upon sufficient evidence the court made the following finding:

As conclusion of law the court found—“that the oral extension of time of payment of principal and interest of said note mentioned in paragraph VI of the findings of fact is.void.”

Plaintiff had judgment from which and from the order denying his motion for a new trial defendant Postlethwaite appeals.

The foregoing finding of fact and conclusion of law present the principal question in the case—namely, was the oral extension of time of the payment of the note void?…