The National Bank of Monroe v. Wright
Court of Appeals of Georgia
1Opinion of the CourtParker, J.
The motion to dismiss the writ of error is denied.
The controlling question in this case is determined by the construction of the contract. If it is a contract of guaranty the cause of action was barred when the suit was filed. If it is a contract of indemnity the action was not barred. It is often difficult to tell whether a particular contract is one of guaranty or indemnity. “The contract of suretyship is one whereby a person obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal remaining bound therefor.…
Also in this document: Concurrence.
2Cases cited12 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- Etheridge v. Rawleigh Co.Court of Appeals of Georgia · 1923
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
- National Bank v. SmithSupreme Court of Georgia · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thomasson v. Pineco, Inc.Court of Appeals of Georgia · 1985
- Romine, Inc. v. Savannah Steel Co., Inc.Court of Appeals of Georgia · 1968
- Undercofler v. Whiteway Neon Ad, Inc.Court of Appeals of Georgia · 1966
- Equifax, Inc. v. 1600 Peachtree, L.L.C.Court of Appeals of Georgia · 2004
- Parker v. PuckettCourt of Appeals of Georgia · 1973
4 more not listed; retrieve them via the Exa API.