Franklin Savings & Loan Co. v. Branan

Even though one sign a promissory note with another apparently as a joint principal, he may, as between *364the parties and in an action by the payee, plead and prove that he had no interest in the paper, and was only a surety for the accommodation of the other and principal signer, and that the plaintiff took the note with knowledge of such facts. Cheshire v. Hightower, 33 Ga. App. 793 (127 S. E. 891); Benson v. Henning, 50 Ga. App. 492 (178 S. E. 406); McLendon v. Lane, 51 Ga. App. 409 (180 S. E. 746). In this suit by the payee bank against an apparent comaker of the note, the undisputed proof,…