Mathews v. Everett
Supreme Court of Georgia
Principal and surety. Debtor and creditor. Before Judge Port. Stewart superior court. October term, 1888. On April 1,1887, the administrator of J. A. Mathews, deceased, sued T. D. Hightower as principal, and M. L Everett as security, upon two promissory notes dated March 20, 1882, and due on the next October 1st. Everett pleaded then general issue, and the following special pleas; He signed the notes as surety for Hightower.
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Principal and surety. Debtor and creditor. Before Judge Port. Stewart superior court. October term, 1888. On April 1,1887, the administrator of J. A. Mathews, deceased, sued T. D. Hightower as principal, and M. L Everett as security, upon two promissory notes dated March 20, 1882, and due on the next October 1st. Everett pleaded then general issue, and the following special pleas; He signed the notes as surety for Hightower. After the death of plaintiff’s intestate, the pecuniary condition of Hightower having become hopeless, plaintiff employed him (Hightower), being'a practicing attorney of…
1Opinion of the Court
Bleckley, Chief Justice.
Omitting details, the substance of the special plea in its final shape as amended was, that the creditor, by certain representations and assurances relied upon by the surety, induced the latter to forbear the exercise of vigilance for his own protection, and to part with assets which afterwards came to his hands from the principal sufficient to discharge the debt, out of which assets, had the surety not been induced to consider himself as discharged from liability, he could and would have secured himself. The principal being or having become insolvent, and having…
2Cases cited3 opinions
- Bullard v. LedbetterSupreme Court of Georgia · 1877
- Whitaker v. KirbySupreme Court of Georgia · 1875
- High v. CoxSupreme Court of Georgia · 1876
3Cited by3 opinions
- Johnson v. LongleySupreme Court of Georgia · 1914
- Smith v. Morris Fertilizer Co.Court of Appeals of Georgia · 1916
- Antonelli Construction Co. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1968