Legal Opinion

Gay v. Carpenter

Court of Appeals of Georgia

Decided September 23, 1926No. 16715PublishedCited by 2 opinions

1Opinion of the CourtStephens, J.

1.- The failure of the seller of personal property to record the written contract which reserves in the seller an interest in the property sold as security for the balance of the purchase money does not result in a discharge of the surety on the contract where it appears that the surety was not damaged. Seymour v. Bank of Thomasville, 157 Ga. 99 (4) (124 S. E. 578).

2. Protest of a promissory note is not required as against a surety thereon. Hunnicutt v. Perot, 100 Ga. 312 (27 S. E. 787) ; Connor v. Hodges, 7 Ga. App. 153 (3 a) (66 S. E. 546) ; James v. Calder, 7 Ga. App. 707 (67 S. E. 1125).

3.…

2Cases cited5 opinions

  1. Connor v. HodgesCourt of Appeals of Georgia · 1910
  2. Baumgartner v. McKinnonCourt of Appeals of Georgia · 1912
  3. Hunnicutt v. PerotSupreme Court of Georgia · 1897
  4. Seymour v. Bank of ThomasvilleSupreme Court of Georgia · 1923
  5. James v. CalderCourt of Appeals of Georgia · 1910

3Cited by2 opinions

  1. Exchange National Bank v. AlfordSupreme Court of Georgia · 1938
  2. Reynolds v. WilsonCourt of Appeals of Georgia · 1941

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