Legal Opinion

Hammond v. Southern Cotton Oil Co.

Court of Appeals of Georgia

Decided January 27, 1960No. 38013, 38014PublishedCited by 2 opinions

1Opinion of the Court

Felton, Chief Judge.

“The contract of suretyship is one whereby a pex-son obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal rexxxaining bound therefor. It differs from a guaranty in this, that the consideration of the latter is a benefit flowing to the guarantor.” Code § 103-101. The en dorsements of Hammond quoted above prima facie import a contract of guaranty. Hammond v. Southern Cotton Oil Co., 89 Ga. App. 79 (1), supra. If the uncontradicted evidence discloses a benefit flowing to Hammond, his…

2Cases cited3 opinions

  1. Pelham v. Rawleigh Co.Court of Appeals of Georgia · 1925
  2. Hammond v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1953
  3. Southern Cotton Oil Co. v. HammondCourt of Appeals of Georgia · 1955

3Cited by2 opinions

  1. Graybar Electric Co. v. OppCourt of Appeals of Georgia · 1976
  2. Continental Casualty Co. v. Continental Rent-A-Car of Georgia, Inc.District Court, N.D. Georgia · 1972

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