Davis v. Atlanta National Bank
Supreme Court of Georgia
Promissory notes. Principal and surety. ■ Before Judge HlLLYER. Fulton Superior Court. October Term, 1880. In this case three appeals were consolidated and tried together by order of court. The suit was originally begun in a justice’s court on three notes,, which read as follows: §100.00. Six months after date we or either of us promise to pay John Neal or bearer one hundred dollars, to bear two per cent, per month until paid.
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Promissory notes. Principal and surety. ■ Before Judge HlLLYER. Fulton Superior Court. October Term, 1880. In this case three appeals were consolidated and tried together by order of court. The suit was originally begun in a justice’s court on three notes,, which read as follows: §100.00. Six months after date we or either of us promise to pay John Neal or bearer one hundred dollars, to bear two per cent, per month until paid. Value received this'February 15th, 1875. [Signed} L. H. Davis, A. B. Davis, Sec'ty- C.. C. Davis. The second note was identical with the first, and the third also, with…
1Opinion of the Court
JACKSON, Chief Justice.
The plaintiffs in error entrusted to' the maker of the promissory notes, the said notes with their names on them -as sureties. They were payable to Neal or bearer.
The maker did not get the money from Neal, as perhaps -was expected, but got it from the bank .on a bankable -.paper of his own secured by these notes as collateral. Thus they were put in circulation by the maker and got into the ■hands of the bank.' The sureties claimed to be discharged ■because their contract was broken and their risk increased.
Their contract was to pay these notes unless the maker -.paid…
2Cited by2 opinions
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- Cobb Bank & Trust Company v. American Manufacturers Mutual Insurance Company, and Third-Partyplaintiff-Appellee, Omnibus Group, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1980