Ehrlich v. Exchange Bank
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. An agreement by which a creditor extends to his debtor additional time in which to meet the obligation does not contain a contractual obligation by the creditor to refrain from bringing suit on the *791original obligation before the expiration of the extended time agreed upon in the extension agreement. There being no duty resting upon the creditor under such circumstances to refrain from bringing suit, a suit brought by the creditor before the expiration of the extended time, which does not contain therein any element of malicious use or abuse of process, violates no duty owed by him to the…
Also in this document: Dissent.
2Cases cited5 opinions
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Waters v. WinnSupreme Court of Georgia · 1914
- Gribben v. ClementSupreme Court of Iowa · 1909
- Lynch v. SchemmelSupreme Court of Iowa · 1916
3Cited by4 opinions
- American Wholesale Corp. v. KahnCourt of Appeals of Georgia · 1930
- Atlanta Finance Co. v. CainCourt of Appeals of Georgia · 1931
- Decatur Bank & Trust Co. v. BrannenCourt of Appeals of Georgia · 1931
- Wilk v. BennettCourt of Appeals of Georgia · 1930