Morrison v. Citizens & Southern Bank
Court of Appeals of Georgia
Complaint; from Eichmond superior court—Judge H. C. Hammond. November 26, 1915.
1Opinion of the CourtBroyles, P. J.
1. Before one who is sued as the maker of a promissory note and who appears as such on the face of the note can avail himself of the provisions of section 3556 of the Civil Code of 1910 which allow a defendant, under such circumstances, either before or after the judgment, to prove by parol that he was in reality a surety only, he must give the notice required by the statute, and his plea must contain an appropriate prayer for independent affirmative relief. Carlton v. White, 99 Ga. 384 (3). In the instant case, even if the prayer in the defendant’s plea was sufficient to allow him to prove…
2Cases cited7 opinions
- Bank of the University v. TuckSupreme Court of Georgia · 1895
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Booth v. Atlanta Clearing-House Ass'nSupreme Court of Georgia · 1909
- Linderman v. AtkinsSupreme Court of Georgia · 1915
- Carlton v. WhiteSupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wyoming Inv. Co. v. Wax Et Ux.Wyoming Supreme Court · 1933
- Burkhalter v. Glennville BankSupreme Court of Georgia · 1937
- Portland Cattle Loan Co. v. GemmellIdaho Supreme Court · 1925
- McDaniel v. Bank of BethlehemCourt of Appeals of Georgia · 1918
- Scott v. GauldingCourt of Appeals of Georgia · 1939
1 more not listed; retrieve them via the Exa API.