Legal Opinion
Paulk v. Williams
Court of Appeals of Georgia
Decided February 10, 1922No. 12370PublishedCited by 5 opinions
Complaint; from Ben Hill superior court —Judge Gower. March 8, 1921.
1Opinion of the CourtStephens, J.
1. It is permissible for a person whose signature appears upon a promissory note, ostensibly as a principal, to establish the fact that he signed and executed the note as a surety only, and so contracted with the payee of the note, and that the holder, when acquiring title to the note, had knowledge of such fact. Trammell v. Swift Fertilizer Works, 121 Ga. 778 (49 S. E. 739); Hardy v. Boyer, 7 Ga. App. 472 (67 S. E. 205); Williams v. Peoples Bank, 9 Ga. App. 714 (72 S. E. 177).
2. Any change in the terms of a contract by which a new and materially different contract is created constitutes a…
2Cases cited7 opinions
- Bethune v. DozierSupreme Court of Georgia · 1851
- Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
- Coburn v. WebbIndiana Supreme Court · 1877
- Trammell v. Swift Fertilizer WorksSupreme Court of Georgia · 1905
- Little Rock Furniture Co. v. Jones & Co.Court of Appeals of Georgia · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Travelers Indemnity Co. v. Sasser & Co.Court of Appeals of Georgia · 1976
- Campbell v. RybertCourt of Appeals of Georgia · 1933
- Gebrueder Heidemann, KG v. AMR Corp.Idaho Court of Appeals · 1987
- J. S. Cowart & Son Inc. v. CookCourt of Appeals of Georgia · 1937
- Smith v. Georgia Battery Co.Court of Appeals of Georgia · 1933