Reid v. Flippen
Supreme Court of Georgia
Principal and security. Indulgence. Statute of limitations. Yendor and purchaser. False representations. Diligence. Party as witness.
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Principal and security. Indulgence. Statute of limitations. Yendor and purchaser. False representations. Diligence. Party as witness. Before Judge Parrott.' Catoosa Superior Court.' February Term, 1872. T. D. Flippen brought complaint against Mark Lowery, C. L. Eeid and James J. Eeid, principals, and William Ballew and C. D. McFarland, securities, on the following promissory note, to-wit : “$925 00. Chattanooga, September 24th, 1860. “Fifteen months after date we promise to pay to the order of N. M. Pope, or bearer, nine hundred and twenty-five dollars, value received. (Signed) “Mark Lowery,…
1Opinion of the Court
McCay, Judge.
The note sued on is a joint and several note. The holder had the right to sue all or either of the parties to it, at his pleasure. He saw fit, before the statutory bar attached, to sue the securities only. This he had a right to do, by the very *276terms of the contract; nor has it ever been held that it is any wrong to the principal to fail to bring suit against him at the same time as suit is brought against the surety. True, under our law, if this be done, and a judgment be got against the principal, the surety, if he pay the money, has a right to use the judgment against the…
2Cited by25 opinions
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Fenley v. MoodySupreme Court of Georgia · 1898
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
- Harris v. BlackSupreme Court of Georgia · 1915
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