Legal Opinion

Green Wold Grift Company v. Durham

Supreme Court of Georgia

Decided February 13, 1941No. 13460PublishedCited by 8 opinions

1Opinion of the Court

Bell, Justice.

1. Under the former decision in this case, which is now “the law of the case,” mere indulgence to the principal as to the time of payment of the existing indebtedness would not constitute such an independent consideration as would make the undertaking of the defendant married woman a contract of guaranty as distinguished from one of suretyship. Durham v. Greenwold, 188 Ga. 165 (3 S. E. 2d, 585).

2. Nor would the creditor’s promise to the defendant to extend additional credit to the principal, followed by actual extension thereof, amount to such an independent benefit flowing to…

2Cases cited5 opinions

  1. Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
  2. Musgrove v. Luther Publishing Co.Court of Appeals of Georgia · 1908
  3. Rawleigh Co. v. SalterCourt of Appeals of Georgia · 1923
  4. Durham v. GreenwoldSupreme Court of Georgia · 1939
  5. Brilliant Coal Co. v. GandyCourt of Appeals of Georgia · 1935

3Cited by8 opinions

  1. Wolkin v. National Acceptance Co.Supreme Court of Georgia · 1966
  2. National City Bank v. First National BankSupreme Court of Georgia · 1942
  3. Bearden v. EBCAP SUPPLY COMPANYCourt of Appeals of Georgia · 1963
  4. National Acceptance Co. v. Fulton National BankCourt of Appeals of Georgia · 1966
  5. King v. SimmonsCourt of Appeals of Georgia · 1964

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