Kenney v. Armour Fertilizer Works

The facts will be found in the original opinion in this case, 33 Ga. App. 126.

In the brief of plaintiff in error is the following: “The controlling question before this court for determination is: Was the defendant surety under the uncontroverted facts wholly 'discharged’ from liability on the note by reason of plaintiff’s breach of its contractual duty to keep the cotton insured, or merely 'relieved’ pro tanto of his obligation to pay to the same extent as would be his principal were she a party to the suit?” This court held that under the pleadings and the evidence the surety was relieved…