Legal Opinion
Benson v. Henning
Court of Appeals of Georgia
Decided February 2, 1935No. 24109PublishedCited by 7 opinions
1Opinion of the CourtSutton, J.
1. A promissory note signed by two persons as apparent principal makers, reciting, “We promise to pay,” etc., where there is nothing to indicate that they are not principal makers, is prima facie a joint note. Locher v. Gray, 46 Ga. App. 694 (168 S. E. 909). However, it may be shown by parol that one of the persons so signing the note as an apparent maker was in truth a surety for the other signer, rather than a coprincipal. Civil Code (1910), § 3556; Duckett v. Martin, 23 Ga. App. 630 (2) (99 S. E. 151). And where the one thus claiming surety-ship claims a discharge or release by reason of…
2Cases cited6 opinions
- Cordray v. JamesCourt of Appeals of Georgia · 1917
- Continental Trust Co. v. Bank of HarrisonCourt of Appeals of Georgia · 1926
- Duckett v. MartinCourt of Appeals of Georgia · 1919
- Williams v. Peoples Bank of SummitCourt of Appeals of Georgia · 1911
- Cheshire v. HightowerCourt of Appeals of Georgia · 1925
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bank of LaFayette v. GilesSupreme Court of Georgia · 1952
- Franklin Savings & Loan Co. v. BrananCourt of Appeals of Georgia · 1936
- Hart v. DeLowe Partners, Ltd.Court of Appeals of Georgia · 1978
- Thomas v. State of GeorgiaCourt of Appeals of Georgia · 1957
- Allmond v. Mount Vernon BankCourt of Appeals of Georgia · 1936
2 more not listed; retrieve them via the Exa API.