#### Edwin J. Bowes, Jr., et al., Appellants, v. Eugene S. Pike, Appellee.

Gen. No. 21,372.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.

Certiorari denied by Supreme Court (making opinion final).

Reversed and remanded with directions.

Opinion filed July 20, 1916.

Statement of the Case.

Bill by Edwin J. Bowes, Jr., et al., complainants,„ to restrain Eugene S. Pike, one of the defendants, from *52entering judgment upon a note for $1,250, dated February 1, 1908, due six months after date, with interest at the rate of six per cent, per annum from date. By stipulation, defendant Pike was permitted to file a cross-bill in said cause,' wherein he prayed that a decree be rendered in his favor for the amount due him on the note in question.’ Allegretti, the other defendant, was dismissed from the suit by consent of the parties. Upon a hearing of the cause thus consolidated, the chancellor found the issues for the cross-complainant, and entered a decree in his favor for the sum of $1,776, being the amount then due on said note, and dismissed complainants’ bill for want of equity. From this decree, complainants appeal.

Abstract of the Decision.

1. Bills and notes, § 440 * —when evidence sufficient to show knowledge of payee of release of joint makers. In an action by the makers of a note to enjoin the payee from entering judgment thereon, evidence examined and held to show that the payee had knowledge of an agreement by one of the makers to save the others harmless from liability thereon, and that such payee acquiesced therein.

2. Bills and notes, § 96*—when extension of time releases joint makers. Wliere the payee' of a note enters into a binding contract with one of several makers thereof, extending the time of payment on the note without the' knowledge or consent of the other makers, the latter are released from further liability.

Mater, Meter, Austrian & Platt, for appellants.

Mate, Fisher & Botden, for appellee Eugene S. Pike; William Warren Case, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McDonald

delivered the opinion of the court.