Edgar v. Edgar Casket Co.

Quillian, Judge.

The note in this case provided "we promise to pay.” Under the rule formerly in effect, the note was prima facie a joint and not a joint and several undertaking. Bank of LaFayette v. Giles, 208 Ga. 674 (5) (69 SE2d 78). This has been changed by the Commercial Code (Code Ann. § 109A-3 — 118; Ga. L. 1962, pp. 156, 245). Ghitter v. Edge, 118 Ga. App. 750 (2) (165 SE2d 598); Simpson v. Wages, 119 Ga. App. 324 (167 SE2d 213). Nevertheless, one of the parties who signed the instrument died before payment of the obligation and under Code § 3-305, the plaintiff, as holder of the…