Fields v. Willis
Supreme Court of Georgia
Complaint. Before Judge Spence. Mitchell superior court. October 17, 1904. Fields instituted suit, in the superior court of Mitchell county, against J. M. Cox, a resident of that county, and E. J. Willis, a resident of the county of Decatur.
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Complaint. Before Judge Spence. Mitchell superior court. October 17, 1904. Fields instituted suit, in the superior court of Mitchell county, against J. M. Cox, a resident of that county, and E. J. Willis, a resident of the county of Decatur. It was alleged in the petition that the plaintiff made and entered into a written contract with the defendants, a copy of which was attached to the petition, by which the plaintiff agreed to purchase from Cox certain cattle at named prices, according to the terms of the contract. The plaintiff alleged full compliance on his part with the contract, in the…
1Opinion of the CourtEvans, J.
(After stating the facts.) If the liability of Willis was that of a guarantor, the court did not err in dismissing the suit, because a guarantor must be sued in the county of his residence. Geiser Mfg. Co. v. Jones, 90 Ga. 307. If he was liable as a surety, then he was properly joined in the suit with the principal in the county of the latter’s residence. In some respects contracts of suretyship and of guaranty are identical, and the terms - “ surety ” and “ guaranty ” are oftentimes colloquially used as interchangeable expressions of collateral liability. A guarantor has the same right as a…
2Cases cited3 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Wright v. ShorterSupreme Court of Georgia · 1876
- Geiser Manufacturing Co. v. Jones & TooleSupreme Court of Georgia · 1892
3Cited by22 opinions
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
- W. T. Rawleigh Company v. OverstreetCourt of Appeals of Georgia · 1944
- Wolkin v. National Acceptance Co.Supreme Court of Georgia · 1966
- Kennedy v. Thruway Service City, Inc.Court of Appeals of Georgia · 1975
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