Ehlers v. Butler
Court of Appeals of Georgia
1Opinion of the Court
Pannell, Judge.
1. "If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after judgment (the creditor not being delayed in his remedy by such collateral issue between the principal and his surety), if before judgment the surety shall give notice to the principal of his intention to make such proof.” Code § 103-306. "(1) An accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it. (2) When the instrument has been taken for value before it is due the accommodation…
Also in this document: Concurrence.
2Cases cited7 opinions
- Trammell v. Swift Fertilizer WorksSupreme Court of Georgia · 1905
- Long Tobacco Harvesting Co. v. BrannenCourt of Appeals of Georgia · 1958
- Hall v. Capital BankSupreme Court of Georgia · 1883
- Bowen v. MobleyCourt of Appeals of Georgia · 1930
- Red Line Products Co. v. J. M. High Co.Court of Appeals of Georgia · 1938
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3Cited by2 opinions
- Gehrig v. RayDistrict Court of Appeal of Florida · 1976
- Potpourri of Merrick, Inc. v. Gay Gibson, Inc.Court of Appeals of Georgia · 1974