Legal Opinion
McWhorter v. Swilley
Court of Appeals of Georgia
Decided April 12, 1918No. 9053PublishedCited by 1 opinion
Complaint; from Worth superior court—Judge Eve. May 31, 1917.
1Opinion of the Court
Wade, 0. J.
1. “Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk, or exposes him to greater liability, will discharge him.” Civil Code (1910), § 3544.
2. Where the fact of suretyship .does not appear on the face of the note, it may be proved by parol testimony. Civil Code (1910), § 3556. See also Buck v. Bank of the State of Georgia, 104 Ga. 660 (30 S. E. 872); Bishop v. Georgia National Bank, 13 Ga. App. 38 (2) (78 S. E. 947). There being evidence to show that the defendants in this case were sureties, this…
2Cases cited10 opinions
- Bishop v. Georgia National BankCourt of Appeals of Georgia · 1913
- Buck v. Bank of StateSupreme Court of Georgia · 1898
- Prather v. SmithSupreme Court of Georgia · 1897
- Denton v. Butler & StevensSupreme Court of Georgia · 1896
- Small v. HicksSupreme Court of Georgia · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Colt Co. v. MillerCourt of Appeals of Georgia · 1923