Whitaker v. Kirby
Supreme Court of Georgia
Promissory notes. Principal and security. Before Judge Hall. Coweta Superior Court. September Term, 1874. On February 2d, 1866, Whitaker brought complaint against William B. Blalock, as principal, and John T. Kirby, as security, on a note dated December 20th, 1860, whereby they promised to pay to the plaintiff or bearer; by December 25th next, $250 00. Kirby pleaded that in the latter part of the year 1861 or the first part of 1862, the plaintiff told him that the note sued…
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Promissory notes. Principal and security. Before Judge Hall. Coweta Superior Court. September Term, 1874. On February 2d, 1866, Whitaker brought complaint against William B. Blalock, as principal, and John T. Kirby, as security, on a note dated December 20th, 1860, whereby they promised to pay to the plaintiff or bearer; by December 25th next, $250 00. Kirby pleaded that in the latter part of the year 1861 or the first part of 1862, the plaintiff told him that the note sued on was paid off, thus throwing him off his guard and preventing him from taking security from the principal to indemnify…
1Opinion of the Court
McCay, Judge.
The evidence that the plaintiff, after the note sued on had matured, notified the defendant Kirby that it was settled by the principal, Blalock, is almost conclusive. Indeed, the verdict of the jury could have been sustained, had they, under this evidence, found for the defendant on the plea of payment. But we think this case comes within section 2154 of our Code. That section is in these words: “ Any act of the creditor, before or after judgment against the principal, which injures the security or increases his risk, or exposes him to greater liability, will discharge him.” It…
2Cited by6 opinions
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- Auchampaugh v. SchmidtSupreme Court of Iowa · 1889
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