Legal Opinion

Rankin v. Smith

Court of Appeals of Georgia

Decided February 9, 1966No. 41767PublishedCited by 7 opinions

1Opinion of the Court

Eberhardt, Judge.

Is the position of Mrs. Smith sustainable that the contract was one of suretyship, that her plea of coverture was good and that the direction of a verdict in her favor was proper under Code §§ 103-101, 53-503? While she asserts that by the contract she became surety for the debt of her husband, the fact is that the debt was that of Rankin-Smith, Inc. But, if the contract be one of suretyship it matters not whether the debt was that of her husband or of the corporation. Saulsbury, Respess & Co. v. Weaver, 59 Ga. 254.

However, we cannot agree that it is a surety contract. “A…

2Cases cited8 opinions

  1. Saulsbury, Respess & Co. v. WeaverSupreme Court of Georgia · 1877
  2. Durham v. GreenwoldSupreme Court of Georgia · 1939
  3. The National Bank of Monroe v. WrightCourt of Appeals of Georgia · 1948
  4. Copeland v. BevilleCourt of Appeals of Georgia · 1956
  5. Wilson Bros. v. HeardCourt of Appeals of Georgia · 1933

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Thomasson v. Pineco, Inc.Court of Appeals of Georgia · 1985
  2. Griswold v. WhetsellCourt of Appeals of Georgia · 1981
  3. Ricks v. United StatesDistrict Court, S.D. Georgia · 1976
  4. Progressive Electrical Services, Inc. v. Task Force Construction, Inc.Court of Appeals of Georgia · 2014
  5. Auto-Owners Insurance Company v. Cw Masonry, Inc.Court of Appeals of Georgia · 2019

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API