Legal Opinion

Deems v. Wilson

Court of Appeals of Georgia

Decided September 23, 1966No. 42226PublishedCited by 6 opinions

1Opinion of the Court

Eberhardt, Judge.

1. An accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it. Where there has been no negotiation of the instrument an accommodation party may show by parol what the understanding or agreement had been as to his capacity in signing. Code Ann. § 109A-3—415; Bank of Lumpkin County v. Justus, 150 Ga. 286 (2) (103 SE 794); Seymour v. Bank of Thomasville, 157 Ga. 99 (121 SE 578).

2. Where the accommodation party testified that she was requested by the payee to sign as a witness to the signature of her…

2Cases cited4 opinions

  1. Bank of Lumpkin County v. JustusSupreme Court of Georgia · 1920
  2. Seymour v. Bank of ThomasvilleSupreme Court of Georgia · 1923
  3. Powell & Co. v. Subers & MasseySupreme Court of Georgia · 1881
  4. Gibson v. KyleCourt of Appeals of Georgia · 1932

3Cited by6 opinions

  1. White v. Household Finance CorporationIndiana Court of Appeals · 1973
  2. Bank of Terrell v. WebbCourt of Appeals of Georgia · 1986
  3. Cohen v. Northside Bank & Trust Co.Court of Appeals of Georgia · 1993
  4. Spillers v. First South Bank, N.A.Court of Appeals of Georgia · 1988
  5. Darden v. HarrisonTexas Supreme Court · 1974

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