Howard v. Johnson
Supreme Court of Georgia
Before Judge Attaway. City court of Cartorsville. March term, 1892. Action against Willingham as principal and Johnson as surety on a promissory note dated January 13, 1891, for $200, due at ninety days, with interest from maturity at eight per cent., containing a waiver of homestead or exemption rights. The principal did not defend; the surety pleaded usury.
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Before Judge Attaway. City court of Cartorsville. March term, 1892. Action against Willingham as principal and Johnson as surety on a promissory note dated January 13, 1891, for $200, due at ninety days, with interest from maturity at eight per cent., containing a waiver of homestead or exemption rights. The principal did not defend; the surety pleaded usury. The jury found for the plaintiff against the principal only; and the court entered up judgment discharging the surety from liability. The rendition of this'judgment was assigned as error by the plaintiff, who alleged that the verdict did…
1Opinion of the Court
Bleckley, Chief Justice.
1. The trial took place on a defence presented alone by the surety, the principal not defending; and the verdict rendered was in favor of the plaintiff against the principal only, and was silent as to the surety. This was iu accordance with the form of verdict which the court instructed the jury to bring in if they found the surety was discharged or not bound. No doubt, super-adding an express finding in favor of the surety would have made the verdict better in form; but in substantial legal effect the verdict was the same without this addition as it would have been…
2Cited by14 opinions
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