Locher v. Gray

1. Where two or more persons sign a promissory note as apparent principal makers, the note reciting that “We promise to pay,” and there is nothing to indicate that such signers are not principal makers, the note is prima facie a joint, and not a joint and several, undertaking. Graham v. Marks, 95 Ga. 38 (21 S. E. 986) ; Elrod v. Camp, 150 Ga. 48, 50 (102 S. E. 357) ; Exchange Bank of Savannah v. Harper, 35 Ga. App. 786 (134 S. E. 789). It follows that a suit on such a note can not be maintained against one of the makers alone, without accounting in a legal way for not joining the others in…