Phillips v. Solomon
Supreme Court of Georgia
Bankruptcy. Surety. Lex Loci Contractus. Before Judge Hopkins. Fulton Superior Court. October Term, 1871. On the 22d of May, 1822, at Atlanta, Georgia, J. J. Morrison gave to Phillips his promissory note, due six months thereafter, with said Solomon as his security thereon. Upon this note Phillips sued Morrison as Maker, and Solomon as security.
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Bankruptcy. Surety. Lex Loci Contractus. Before Judge Hopkins. Fulton Superior Court. October Term, 1871. On the 22d of May, 1822, at Atlanta, Georgia, J. J. Morrison gave to Phillips his promissory note, due six months thereafter, with said Solomon as his security thereon. Upon this note Phillips sued Morrison as Maker, and Solomon as security. Morrison pleaded that on the 21st of January, 1869, he was “legally released” from said contract by a discharge in bankruptcy granted to him by the District Court of the United States, for the Northern District of Georgia. Solomon pleaded among other…
1Opinion of the CourtMcCay, J.
It is admitted that by the express terms of the Bankrupt Law of 1866, section 34, the discharge of the principal in an ordinary contract of suretyship does not discharge the surety.
The point really made in this case is, that the Act of Congress only applies to the contract of suretyship in the general sense of the word surety, as it is understood in the commercial world, and does not cover a case of suretyship of a *195special character, as, for instance, one in which it is expressly stipulated that the surety shall not be bound if the principal becomes a certificated bankrupt.
We are inclined to…
2Cited by33 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Gillis v. GillisSupreme Court of Georgia · 1895
- Dale v. StateSupreme Court of Georgia · 1892
- Lamar v. McLarenSupreme Court of Georgia · 1899
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