Legal Opinion

Bank of Early v. Broun

Court of Appeals of Georgia

Decided September 7, 1978No. 55885PublishedCited by 6 opinions

1Opinion of the Court

Shulman, Judge.

R. C. Carter executed a promissory note to appellant. Appellees Broun and Justice executed an agreement entitled "Guaranty of Payment” on the reverse of the note, unconditionally guaranteeing payment of the note and"... all expenses (including attorney’s fees) incurred in the collection thereof.” Carter defaulted on the note and the bank obtained a judgment against him for principal and interest and for the attorney fees provided for in the note.

The bank then made demand on appellees that they perform according to their contract of guaranty, seeking the whole amount of the…

2Cases cited5 opinions

  1. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
  2. Evans v. Atlantic National BankSupreme Court of Georgia · 1918
  3. Hartsfield Co. v. RobertsonCourt of Appeals of Georgia · 1934
  4. Oliver Typewriter Co. v. FielderCourt of Appeals of Georgia · 1910
  5. Morgan v. Kiser & Co.Supreme Court of Georgia · 1898

3Cited by6 opinions

  1. Broun v. Bank of EarlySupreme Court of Georgia · 1979
  2. George P. Tobler v. Yoder & Frey Auctioneers, Inc., Cross-Appellee, Chemical Bank, Intervenor-Appellee Cross-AppellantCourt of Appeals for the Fifth Circuit · 1980
  3. Krupp v. Taylor Enterprises, Inc.Court of Appeals of Georgia · 1978
  4. Bank of Early v. BrounCourt of Appeals of Georgia · 1980
  5. Bank of Early v. BrounCourt of Appeals of Georgia · 1979

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