Legal Opinion

Kenimer v. Henderson

Court of Appeals of Georgia

Decided April 24, 1924No. 15151PublishedCited by 5 opinions

1Opinion of the CourtJenkins, P. J.

1. “Where two persons sign a note, apparently as joint principals, and there is nothing in the note to show that one is surety for the other, the presumption of law is that both are liable as joint principals. This is not, however, a conclusive presumption, and may be rebutted by parol evidence, or by circumstances.” Williams v. Peoples Bank, 9 Ga. App. 714 (1) (72 S. E. 177). This rule applies when one of the signers is a married *204woman. Gunn v. Wilson Co., 20 Ga. App. 14 (1) (92 S. E. 721).

2. “Where the creditor, at the time a debt is created, really intends in good faith to extend the…

2Cases cited4 opinions

  1. Longley v. Bank of ParrottCourt of Appeals of Georgia · 1917
  2. Gunn v. Wilson Co.Court of Appeals of Georgia · 1917
  3. Williams v. Peoples Bank of SummitCourt of Appeals of Georgia · 1911
  4. Jones v. Fourth National BankCourt of Appeals of Georgia · 1917

3Cited by5 opinions

  1. Richardson v. C. I. T. Corp.Court of Appeals of Georgia · 1939
  2. Lovelady v. MossCourt of Appeals of Georgia · 1935
  3. Cheshire v. HightowerCourt of Appeals of Georgia · 1925
  4. Veal v. VealCourt of Appeals of Georgia · 1935
  5. United States v. FrostDistrict Court, M.D. Georgia · 1957

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