Watkins Medical Co. v. Marbach
Court of Appeals of Georgia
Complaint; from Jenkins superior court—Judge Henry C. Hammond. March 12, 1917.
1Opinion of the CourtBroyles, P. J.
This was a suit on a contract, brought by the J. R. Watkins Medical Company against F. A. Marbach, as principal, and A. D, Lawrence and W. R. Rabitsch as sureties. Law*692rence demurred to the petition, on the ground that the action could not be maintained, .because it was proceeding against a principal and guarantors in the same action, and this was not legally permissible. This demurrer was sustained, the court holding that the contract was one of guaranty, and- not of suretyship. To this judgment the plaintiff excepted. The only question for determination by this court is whether the contract…
2Cases cited3 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
- Wright v. ShorterSupreme Court of Georgia · 1876
3Cited by18 opinions
- Etheridge v. Rawleigh Co.Court of Appeals of Georgia · 1923
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Griswold v. WhetsellCourt of Appeals of Georgia · 1981
- Kennedy v. Thruway Service City, Inc.Court of Appeals of Georgia · 1975
- Tennille Banking Co. v. WardCourt of Appeals of Georgia · 1923
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