Legal Opinion
Fender v. Fender
Court of Appeals of Georgia
Decided May 21, 1923No. 14151PublishedCited by 13 opinions
1Opinion of the CourtJenkins, P. J.
1. “A surety who has paid the debt of his principal is subrogated, both at law and in equity, to all the rights of the creditor, and, in a controversy with other creditors, ranks in dignity the same as the creditor whose claim he paid. Civil Code (1910), § 3567. “He is entitled, also, to be substituted in .place of the creditor as to all securities held by him. for the payment of the debt.” § 3568. The “ doctrine of subrogation is not founded on contract, but has its origin in a sense of natural justice. So soon as a surety pays the debt of the principal debtor, equity subrogates him to the…
2Cases cited6 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- American Nat. Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1907
- Sherling v. LongSupreme Court of Georgia · 1905
- Nettleton v. Ramsey County Land & Loan Co.Supreme Court of Minnesota · 1893
- Train v. EmersonSupreme Court of Georgia · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
- Jasper School District v. GormleySupreme Court of Georgia · 1937
- Shaddix v. National Surety Co.Supreme Court of Alabama · 1930
- Bleckley v. BleckleySupreme Court of Georgia · 1939
- Standard Surety & Casualty Co. of New York v. Standard Acc. Ins.Court of Appeals for the Eighth Circuit · 1939
8 more not listed; retrieve them via the Exa API.