Baker v. Williams

1. A promise to answer for the debt, default or miscarriage of another, in order to be binding, must be in writing, and be supported by a consideration; it is nudum pactum unless some benefit accrues to the debtor or there is a detriment to the promisee. Wright v. Threatt, 146 Ga. 778, 781 (92 S. E. 640, L. R. A. 1918C, 541). A promissory note can not be enforced where it is executed to pay an existing debt of another, and such assumption is supported by no legal consideration, that is, no benefit to the promisor or detriment to the promisee. Gibson v. Kyle, 46 Ga. App. 295 (167 S. E. 547).

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