New York Supreme Court October 15, 1841 (Starkweather v. Mathews)

The Court.

The release rendered the- maker a competent witness for his accommodation endorsers. If the defence failed, the witness would only be answerable to the endorsers for the amount of the note—not for an indemnity; and if the defence prevailed, he would still be liable, as maker, to the plaintiff. His interest was balanced.

*132Gardner said, he thought the interest was not balanced.