Taylor v. Scott
Supreme Court of Georgia
Principal and security. Lien. Partnership. Before Judge Cjrisp.' Sumter Superior Court. October Adjourned Term, 1877. Taylor brought complaint against Scott and Small on eleven promissory notes, aggregating in amount $935.75, all dated January 8, 1874, signed by David Bagley, J. B. Scott and S. W. Small, and containing the ordinary factors’ crop lien.
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Principal and security. Lien. Partnership. Before Judge Cjrisp.' Sumter Superior Court. October Adjourned Term, 1877. Taylor brought complaint against Scott and Small on eleven promissory notes, aggregating in amount $935.75, all dated January 8, 1874, signed by David Bagley, J. B. Scott and S. W. Small, and containing the ordinary factors’ crop lien. The defendants pleaded the general issue, payment, and that they were securities for Bagley and had been discharged by the plaintiff’s failure to apply the cotton crop delivered by their principal to him, to the satisfaction of this…
1Opinion of the Court
Bleckley, Justice.
1. Where the evidence is in salient-conflict, as in this case, we must look to the verdict to see which side gave the true version of the transaction. Taking the facts as the evidence for the defendants presents them, the sureties both signed on the faith of the creditor’s promise, made to one of them and by him communicated to the other, that he, the creditor, *42would apply the principal debtor’s crop of the current year to these particular notes. As between the sureties and the creditor this promise was a part of the consideration of the contract of suretyship. 30 Ga., 93,…
2Cases cited2 opinions
- Atlanta National Bank v. DouglassSupreme Court of Georgia · 1874
- Jones v. Keer & HopeSupreme Court of Georgia · 1860
3Cited by4 opinions
- Rogers v. FelkerSupreme Court of Georgia · 1886
- Trust Investment & Development Co. v. First Georgia BankSupreme Court of Georgia · 1977
- Francisco v. SheltonSupreme Court of Virginia · 1889
- Underwood v. Bass & HeardCourt of Appeals of Georgia · 1907