Citizens & Southern National Bank v. Yeager Enterprises, Inc.

I wholeheartedly agree with the Court of Appeals and the trial court that National Duck Mills v. Catlin & Co., 10 Ga. App. 240 (73 SE 418) (1911) is inapplicable to the case at bar insofar as defenses to the individual guaranties Eire concerned. The judgment of this court can only be explained on the basis of some heretofore nonexistent rule, which, in my view, unduly expsinds the meaning of the term “estopped as a matter of law.” I respectfully dissent.

The majority recognizes the obvious: National Duck Mills is factually distinguishable from the case at bar in that appellees are attempting…