Johnson v. Longley
Supreme Court of Georgia
Complaint. Before Judge Fite. Whitfield superior court. October 24, 1913. J. E. Johnson, receiver of the Pendley Lumber Company, brought suit against L. L. Bishop and J. A. Longley on a promissory note dated February 17, 1909, and due one day after date. Bishop made no defense.
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Complaint. Before Judge Fite. Whitfield superior court. October 24, 1913. J. E. Johnson, receiver of the Pendley Lumber Company, brought suit against L. L. Bishop and J. A. Longley on a promissory note dated February 17, 1909, and due one day after date. Bishop made no defense. Longley pleaded, that he was a surety, and had been discharged by the conduct of the holder of the note and his attorney; that he informed them that he did not wish to offend Bishop by giving a written notice to sue, as provided by the statute, but that he wanted them to proceed to make the money at once; that the…
1Opinion of the CourtLtjmpkin, J.
(After stating the foregoing facts.)
1. Section 3544 of the Civil Code (1910) reads as follows: “Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk, or exposes him to greater liability, will discharge him; a mere failure by the creditor to sue as soon as the law allows, or negligence to prosecute with vigor his legal remedies, unless for a consideration, will not release the surety.” This is a codification of the general rule.' While the language is broad, yet there is a distinction between certain things which will…
2Cases cited17 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Davenport v. State Banking Co.Supreme Court of Georgia · 1906
- Lumsden v. LeonardSupreme Court of Georgia · 1875
- Williams v. KennedySupreme Court of Georgia · 1910
- Timmons v. Butler, Stevens & Co.Supreme Court of Georgia · 1912
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3Cited by12 opinions
- Burgess v. California Mutual Building & Loan Ass'nCalifornia Supreme Court · 1930
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Armour Fertilizer Works v. KenneySupreme Court of Georgia · 1926
- Armstrong v. Citizens & Southern BankSupreme Court of Georgia · 1916
- Cone v. American Surety Co.Court of Appeals of Georgia · 1923
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