Longley v. Johnson

1. A parol notice or request to the creditor, by a surety upon a promissory note, to bring suit, will not operate as a compliance with the statute (Civil Code of 1910, § 3546), which authorizes a surety, at any time after the debt is due, to give, notice in writing to the creditor to' proceed to collect the debt out of the principal, or of itself have the effect to discharge the surety. See Johnson v. Longley, 142 Ga. 814 (83 S. E. 952).(a) If, however, the surety is assured by the holder of the note that suit will be brought to the next term of the court, and because of such

' assurance he…