Train v. Emerson

1. When the case was here on a former occasion (Train v. Emerson, 137 Ga. 730, 74 S. E. 241), the judgment of the trial court was reversed. Among others, the following rulings were made. “8.' In the case now under consideration, the first count in the petition was in favor of three persons, alleging themselves to be sureties on a promissory note, against a fourth person, who was alleged also to be a surety. It was also alleged, that the maker was unable to pay the note, and the plaintiffs paid the amount due on the face of the note and took it up; that the maker was and is insolvent; that at…