LEGAL INSTRUCTOR, 



AGREEMENT. 



A separate agreement with regard to the payment of 

 promissory notes, cannot be set up in bar of an action 

 upon them. The remedy is upon the agreement. 



The non-performance of an agreement collateral to 

 the execution of a note, furnishes no defense to an action 

 on the note. The remedy is by action for the breach of 

 the collateral agreement, or recision of the principal 

 contract. 



A written agreement by the payee of a note, with the 

 maker, that if it should not be convenient for the maker 

 to pay the note at maturity, he .would wait his conveni- 

 ence, cannot be pleaded in bar to an action on the note, 

 with an averment that it had not been convenient to 

 pay the same. The defendant's remedy, if he has suf- 

 fered injury, is on the contract. 



If an action by the holder against the endorser of a 

 note, the drawer cannot prove that the plaintiff agreed 

 not to hold the defendant responsible for his endorse- 

 ment. 



Parol evidence is admissible on the part of an en- 

 dorser, to show a special agreement between him and 

 the endorsee., where a promiser's note was endorsed, that 

 the latter should sue the maker, and if he could not ob- 

 tain payment, that then the endorser should be liable. 



A covenant to deliver up a promissory note is a good 

 bar to an action on the note. 



Where there is a contract of hiring for a definite time, 



