Hearn v. Durrence

1. “The liability of a person who is . . a surety for a bankrupt shall not be altered by the discharge of such bankrupt.” Bankruptcy Act, § 16 (a) (U. S. Comp. St. § 9600); Nat. Surety Co. v. Medlock, 2 Ga. App. 665 (3 a) (58 S. E. 1131). It makes no difference under this section whether the creditor proves his claim and gets his dividend, as was done here, or fails to do so. He may proceed and collect the debt from the surety. 1 Collier, Bkr. (13th ed.), 585.

2. “A creditor holding a debt against a principal and deceased surety is under no duty to give notice of the existence of his debt to…