Hill v. O'Neill
Supreme Court of Georgia
Complaint on note. Before Judge Milner. Murray superior court. December 16, 1896. Hill sued O’Neill as principal and McEntire as surety upon a promissory note for $300, dated January 14, 1889, due twelve months after date, with interest at 12 per cent, per annum, and payable to Starr or bearer. It was endorsed by interest paid to January 1,1891, and by receipt from Starr of $22.50 collected from Bates for McEntire, January 29, 1894. O’Neill pleaded usury.
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Complaint on note. Before Judge Milner. Murray superior court. December 16, 1896. Hill sued O’Neill as principal and McEntire as surety upon a promissory note for $300, dated January 14, 1889, due twelve months after date, with interest at 12 per cent, per annum, and payable to Starr or bearer. It was endorsed by interest paid to January 1,1891, and by receipt from Starr of $22.50 collected from Bates for McEntire, January 29, 1894. O’Neill pleaded usury. McEntire pleaded release, for that the note he signed was drawing only 8 per cent, interest, and that without his knowledge or consent said…
1Opinion of the CourtAtkinson, J.
The question in this case is, whether, after a. promissory note is signed by one as surety, if it is changed in respect of the amount of interest it bears, either by the principal who executed it for the purpose of negotiating it to another, or by the . person to whom it is negotiated, without ■ the consent of the surety, he is released. “The contract, of suretyship is one of strict law.” Civil Code, § 2968. A-change of the nature of the terms of his contract, without the. consent of the surety, discharges him. Civil Code, §2971,. The only question of fact which is at all doubtful in the pres*835e…
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