Cheshire v. Hightower

1. “The form of the contract is immaterial, provided the fact of suretyship exists.” Civil Code (1910), §§ 3541, 3556. Thus, one who signs a note with another apparently as a joint principal may in an action by the payee plead and prove that he had no interest in the paper and was only surety for the accommodation of the other and principal signer, and that the plaintiff took the note with knowledge of such facts. Seymour v. Bank of Thomasville, 157 Ga. 99 (1) (121 S. E. 578); Hall v. Capital Bank of Macon, 71 Ga. 715; Buck v. Bank of State of Ga., 104 Ga. 660, 663 (30 S. E. 872); Hall v.…