Southern Cotton Oil Co. v. Hammond
Court of Appeals of Georgia
1Opinion of the CourtCarlisle, J.
1. Where, in an action upon a series of promissory notes, brought against the maker and endorser jointly, it appears that the endorsement is prima facie one of guaranty, the plaintiff may amend its petition by adding an allegation to show that the endorsement was in fact one of suretyship, as the apparent guarantor had not in fact signed the notes “for value received” but, rather, had signed in the capacity of an accommodation endorser, as no independent consideration flowed to such endorser. Baggs v. Funderburke, 11 Ga. App. 173 (2) (74 S. E. 937); Etheridge v. Rawleigh Co., 29 Ga. App. 698…
2Cases cited7 opinions
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Etheridge v. Rawleigh Co.Court of Appeals of Georgia · 1923
- Johnson v. YoungCourt of Appeals of Georgia · 1949
- Campbell v. RybertCourt of Appeals of Georgia · 1933
- Bostwick v. FelderCourt of Appeals of Georgia · 1945
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hammond v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1960