Krupp v. Taylor Enterprises, Inc.

Deen, Presiding Judge.

1. "When by agreement, the surety’s obligation is conditioned upon the creditor’s enforcement of security, the surety may be discharged by creditor’s failure to uphold the surety agreement. . . However, when no such agreement is found, the courts have not conditioned the creditor’s right of recovery from the surety on his first using any security he may have to satisfy or reduce his claim.” Trust &c. Co. v. First Ga. Bank, 238 Ga. 309, 311 (232 SE2d 828) (1977). The same rule would apply as between the payee and the accommodation endorsers on a note, nothing further…