Peyton v. McMillan
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Jones. Haber-sham superior court. May 4, 1915. W. H. McMillan and E. M. Yearwood brought an action against J. T. Peyton and S. C. Grant, alleging as follows: On November 13, 1905, they borrowed $5,434.75 from the Cornelia Bank, upon the accommodation indorsement of the two defendants and H. E. Loudermilk, P. E. Grant, and J. A. Yearwood,, and a mortgage on certain real estate in the counties of Habersham and White.
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Exceptions to auditor’s report. Before Judge Jones. Haber-sham superior court. May 4, 1915. W. H. McMillan and E. M. Yearwood brought an action against J. T. Peyton and S. C. Grant, alleging as follows: On November 13, 1905, they borrowed $5,434.75 from the Cornelia Bank, upon the accommodation indorsement of the two defendants and H. E. Loudermilk, P. E. Grant, and J. A. Yearwood,, and a mortgage on certain real estate in the counties of Habersham and White. The plaintiffs having defaulted in the payment of the note, the bank foreclosed its mortgage and also obtained a common-law judgment…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. One ground of demurrer was that if the plaintiffs had any right of action against the defendants, it was not joint but several, and there was a misjoinder of parties. The auditor overruled this ground. No exception is taken to the failure to join the other two sureties. Manifestly there is no merit in this ground of the demurrer. The defendants are transferees of the fL.fa., which is alleged to have been paid pursuant to an agreement in which both-participated.
2. The auditor also overruled the general demurrer to the petition. Briefly stated, the…
2Cases cited2 opinions
- Murray v. HawkinsSupreme Court of Georgia · 1916
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- Wilkes v. CarterSupreme Court of Georgia · 1919
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