^ LEGAL INSTRUCTOR. 



at a certain rate per day, and a part of the time only 

 having elapsed, the parties settle the amount of the 

 wages which had been earned, and the hirer gives his 

 note to the servant for the amount ; in an action on the 

 note, it is no defense that the payee had left the maker's 

 service before the expiration of the time for which he 

 had been generally hired ; although had there been no 

 subsequent modification of the agreement, he could not 

 have recovered wages until he had served the whol« 

 period agreed on. 



An agreement between two endorsers that they will 

 divide the loss between them, is a contract, and founded 

 on a sufficient consideration ; and, being a collateral 

 contract by parol, parol evidence may be given to 

 prove it. 



A promissory note, taken by express agreement, in 

 payment of a judgment, is an extinguishment of the 

 preceding debt. 



Any agreement between the holder and drawer of a 

 bill which shall suspend the right of the holder to prose- 

 cute on the bill, will discharge an endorser. 



Where the consideration of a promissory note is an 

 agreement by the payee to do what afterwards becomes 

 impossible to be done by him, an action cannot be sus- 

 tained upon such note by reason of a failure, of consider- 

 ation. 



