Legal Opinion
Little Rock Furniture Co. v. Jones & Co.
Court of Appeals of Georgia
Decided September 23, 1913No. 5009PublishedCited by 13 opinions
Complaint; from city court of Macon — Judge Hodges. April 1, 1913.
1Opinion of the CourtHill, C. J.
1. A change of the nature or terms of a contract is called a novation. Such novation, without the consent of the surety, discharges him. Civil Code (1910), § 3543; Bethune v. Dozier, 10 Ga. 235.
2. This rule will not be altered by the fact that the change in the contract, which was made without the knowledge or consent of the surety, never-*503theless inured to the benefit of the principal and. the surety. If the change is made without the knowledge or consent of the surety, the surety’s complete reply is non hsee in fcedera veni. Hill v. O’Neal, 101 Ga. 832 (28 S. E. 996).
Decided September 23,…
2Cases cited3 opinions
- Bethune v. DozierSupreme Court of Georgia · 1851
- Hill v. O'NeillSupreme Court of Georgia · 1897
- Johnson v. BrownSupreme Court of Georgia · 1874
3Cited by13 opinions
- Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
- Brock Construction Co. v. Houston General InsuranceCourt of Appeals of Georgia · 1978
- Fairmont Creamery Co. v. CollierCourt of Appeals of Georgia · 1917
- L. B. Gilmore v. Royal Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
- American Surety Company of New York v. GarberCourt of Appeals of Georgia · 1966
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