Scott v. Saffold
Supreme Court of Georgia
Complaint on note. Trial before Judge Wm. M. Reese. Morgan Superior Court. September adjourned Term, 1866. This case was argued at December Term, 1866, of the Supreme Court.
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Complaint on note. Trial before Judge Wm. M. Reese. Morgan Superior Court. September adjourned Term, 1866. This case was argued at December Term, 1866, of the Supreme Court. It was held up on account of the death of Judge Lumpkin, and the incompetency of Judge Harris, from relationship to one of the parties, and argued by brief at December Term, 1867. It was based upon the following promissory note: “ $4,733.07 Madison, Ga., August 24, 1857. Twelve months after date I promise to pay to the order of William O. Saffold, forty-seven hundred and thirty-three dollars and fifty-seven cents,…
1Opinion of the CourtWalker, J.
The general rule as to the liability of a surety is forcibly expressed by this Court in Bethune vs. Dozier, 10th Ga. R., 238. Says Judge Lumpkin, in this case: “The undertaking *389of the surety being one stricti juris, he can not, either at law or in equity, be bound farther or otherwise, than he is by the very terms of his contract.” Nor is it of any consequence that the alteration in the contract is' trivial, nor even that it is for the advantage of the surety. Non in hceo /cederá veni is an answer in the mouth of the surety from which the obligee can never extricate his case, ib., and…
2Cited by22 opinions
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- Howell v. PenningtonSupreme Court of Georgia · 1903
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