General Motors Acceptance Corp. v. Hutto

The opinion of the Court was delivered by

Mr. Acting Justice C. J. Ramage.

This is an action upon a bond for $2,500.00 executed by defendant debtor, M. P. Hutto, and by his codefendants, Hughes and Neese, as sureties in an action brought by the plaintiff against Hutto under the following circumstances:

On November 2, 1921, the plaintiff corporation was indebted to a certain corporation of Atlanta, Ga., in the sum of $1,424.57, and issued its check for that amount, but, instead of issuing it to the real creditor, through error issued and mailed it to a corporation located in Columbia, S. ■C.,…