Daniel v. Browder-Manget Co.
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Eeid. May 18, 1912.
1Opinion of the CourtPottle, J.
1. Since one who signed a promissory note apparently as an indorser may, by parol evidence, be shown to have been in fact a surety (James v. Calder, 7 Ga. App. 707, 28 S. E. 622), a petition in a suit upon a promissory note, brought against A as maker and B as surety, in the county of the latter’s residence, is not demurrable upon the ground that it appears from the petition that the maker does not reside in the county wherein the suit was brought, although, from a copy of the note attached to the petition, it appears that B signed the note as indorser. Lumpkin v. Calloway, 101 Ga. 226 (28 S.…
2Cases cited2 opinions
- Lumpkin v. CallowaySupreme Court of Georgia · 1897
- James v. CalderCourt of Appeals of Georgia · 1910
3Cited by1 opinion
- Federal Reserve Bank v. LaneCourt of Appeals of Georgia · 1926