Legal Opinion
American Surety Company of New York v. Garber
Court of Appeals of Georgia
Decided October 31, 1966No. 42173, 42174PublishedCited by 8 opinions
1Opinion of the Court
Frankum, Judge.
1. “Any change in the nature or terms of a contract is called a novation; such novation, without the consent of the surety, discharges him.” Code § 103-202. Little Rock Furn. Co. v. Jones & Co., 13 Ga. App. 502 (1, 2) (79 SE 375); Alropa Corp. v. Snyder, 182 Ga. 305, 315 (3) (185 SE 352).
2. As applied to a promissory note “renewal” means the reestablishment of the particular obligation for an additional period of time. While there may be a change in the parties or an increase in the security, there is no renewal in this sense unless the obligation remains the same. Lowry Nat.…
2Cases cited4 opinions
- Lowry National Bank v. FickettSupreme Court of Georgia · 1905
- Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
- Little Rock Furniture Co. v. Jones & Co.Court of Appeals of Georgia · 1913
- King v. EdelCourt of Appeals of Georgia · 1943
3Cited by8 opinions
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- The Winston Corporation v. Continental Casualty CompanyCourt of Appeals for the Sixth Circuit · 1975
- Breus v. McGriffCourt of Appeals of Georgia · 1991
- Brunswick Nursing & Convalescent Center, Inc. v. Great American InsuranceDistrict Court, S.D. Georgia · 1970
- South Atlantic Production Credit Ass'n v. Jones (In Re Jones)United States Bankruptcy Court, M.D. Georgia · 1988
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