Legal Opinion
Mulling v. Bank of Cobbtown
Court of Appeals of Georgia
Decided October 16, 1926No. 17136PublishedCited by 5 opinions
1Opinion of the CourtBell, J.
1. An accommodation indorser is a surety. Civil Code (1910), § 3541. A principal and a surety are joint and several promisors. Heard v. Tappan, 116 Ga. 930 (1) (43 S. E. 375). An execution against them may proceed against the property of either at the election of the plaintiff. Williams v. Kennedy, 134 Ga. 339 (3) (67 S. E. 821); Bank of LaFayette v. Wardlaw, 20 Ga. App. 741 (4) (93 S. E. 236).
2. Where property is levied upon to satisfy an execution against joint makers and a surety, the fact that the advertisement of the sale of the property “sets forth that said execution is only against”…
2Cases cited8 opinions
- Heard v. Tappan & MerrittSupreme Court of Georgia · 1903
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Williams v. KennedySupreme Court of Georgia · 1910
- Solomon v. PetersSupreme Court of Georgia · 1867
- Cox v. MontfordSupreme Court of Georgia · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Felker v. JohnsonSupreme Court of Georgia · 1940
- Massell v. Prudential Insurance Co. of AmericaCourt of Appeals of Georgia · 1938
- Murphy v. Bank of DahlonegaCourt of Appeals of Georgia · 1979
- Southeastern Construction Co. v. Glens Falls Indemnity Co.Court of Appeals of Georgia · 1950
- Hardesty v. YoungDistrict Court, D. Minnesota · 1929