Jones v. Whitehead
Supreme Court of Georgia
Assumpsit, in Burke Superior Court. Tried before his honor, Judge Holt, November Term, 1847. The facts of the case appearing.in the opinion of the Court, are not here repeated. submitted the following points and authorities; The discharge of a secuiity to a note, by reason of the holder’s inaction after notice to sue, results with us, from the provisions of the act of 1831. At Common Law, the liability of the security is co-extensive with that of the principal.
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Assumpsit, in Burke Superior Court. Tried before his honor, Judge Holt, November Term, 1847. The facts of the case appearing.in the opinion of the Court, are not here repeated. submitted the following points and authorities; The discharge of a secuiity to a note, by reason of the holder’s inaction after notice to sue, results with us, from the provisions of the act of 1831. At Common Law, the liability of the security is co-extensive with that of the principal. Mere delay on the part of the creditor, will not discharge the security. Theobald on Prin. and Surety, 69, (1 L. P. 41.J Pitman on…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Assumpsit was brought in the county of Burke, by Seaborn A. Jones against John P. C. "Whitehead, on a joint and several promissory note, given to the plaintiff by Walter J. A. Hamilton, the said defendant, and one Joseph S. Reynolds, The defen-*399clant pleaded in bar, that he and the said Joseph S. Reynolds were' sureties on the note only for Hamilton; and that on the 8th day of April, 1842, the said Joseph S. Reynolds having, previous to that time, departed this life, testate, James W. Reynolds, the duly qualified Executor of his will, gave notice…
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- Brock Construction Co. v. Houston General InsuranceCourt of Appeals of Georgia · 1978
- Upshaw v. First State BankSupreme Court of Georgia · 1979
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