The drawer of a bill of exchange is not protected by a contemporaneous oral agreement with the payee, exonerating him from liability if the drawee does not honor the draft.1 But where the original draft was lost and the payee so delayed through his agent's negligence as to release the drawer, it was held that the drawer's giving a duplicate draft, to enable the payee to collect if possible from the drawee, did not revive his liability. Accordingly, an oral contract that the drawer should not be liable on such duplicate draft is enforceable.2

2 Buck v. Bank, 104 Ga. 660; 30 S. E. 872.

3 Goldsmith v. Holmes, 36 Fed. 484; 13 Sawyer 526; 1 L. R. A. 816.

4 Hoffman v. Habighorst, 38 Or. 261; 53 L. R. A. 908; 63 Pac. 610.

5 Price v. Cooper, 123 Ala. 392; 26 So. 238. The Alabama Code Sec. 2529 prohibiting a wife from becoming surety for her husband.

6 Bulkeley v. House, 62 Conn. 459; 21 L. R. A. 247; 26 Atl. 352.

1 Leadbitter v. Farrow, 5 Maule & S. 345; Citizens' Bank v. Millett, 103 Ky. 1; 82 Am. St. Rep. 546; 44 L. R. A. 664; 44 S. W. 366; Pentz v. Stanton, 10 Wend. (N. Y.) 270; 25 Am. Dec. 558; Bryan v. Duff. 12 Wash. 233; 50 Am. St. Rep. 889; 40 Pac. 936.