Legal Opinion
Bowen v. Mobley
Court of Appeals of Georgia
Decided January 21, 1930No. 19863PublishedCited by 4 opinions
1Opinion of the CourtJenkins, P. J.
A notice to sue, given by a surety under the provisions of the Civil Code (1910), § 3546, in order to afford a defense to a subsequent action brought against him by the creditor, must state the county of the residence of the principal debtor, since, under the mandate of the statute, “no notice shall be considered a compliance with the requirements of this section which does not state the county of the principal’s residence.” A notice fatally defective in this respect, but received by the creditor with the remark “all right,” could not amount to more than a mere promise by the creditor,…
2Cases cited4 opinions
- Rheney v. AndersonCourt of Appeals of Georgia · 1918
- Byrd & Co. v. Marietta Fertilizer Co.Supreme Court of Georgia · 1906
- Johnson v. LongleySupreme Court of Georgia · 1914
- New Ware Furniture Co. v. ReynoldsCourt of Appeals of Georgia · 1915
3Cited by4 opinions
- Ehlers v. ButlerCourt of Appeals of Georgia · 1972
- Skeffington v. RowlandCourt of Appeals of Georgia · 1936
- Gettis v. GormleyCourt of Appeals of Georgia · 1934
- Ellis v. Robins Federal Credit UnionCourt of Appeals of Georgia · 1968