Higdon v. Bell
Court of Appeals of Georgia
Complaint; from Grady superior court-—Judge Harrell. June 25, 1919. The Higdon Trading Company, a corporation of the State of Florida, executed a promissory note for $2,000 to the Dutton Bank of Gainesville, Florida, indorsed by the plaintiff W. S. Bell and T. J. Terry, residents of that State, and by the defendant, Joe Higdon, a resident of Grady countj', Georgia.
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Complaint; from Grady superior court-—Judge Harrell. June 25, 1919. The Higdon Trading Company, a corporation of the State of Florida, executed a promissory note for $2,000 to the Dutton Bank of Gainesville, Florida, indorsed by the plaintiff W. S. Bell and T. J. Terry, residents of that State, and by the defendant, Joe Higdon, a resident of Grady countj', Georgia. When the note became due it was protested for non-payment, and on demand the plaintiff paid to the bank the principal sum of $2,000 and $21.60 interest and took up the note, and this suit was brought in the superior court of Grady…
1Opinion of the CourtJenkins, P. J.
1. While any act of the creditor, either before or aftei judgment against, the principal, which injures the surety or increases his risk, or exposes him to greater liability, will discharge the surety (Civil Code of 1910, § 3544), the mere fact that the holder of a note in good faith accepts payment thereof from the maker at a time when the maker is insolvent, so that such payment is voidable in the event of the maker’s bankruptcy, and is thereafter actually avoided by his *55trustee or voluntarily surrendered to the trustee by the holder, will not discharge the nóte or release a surety thereon.…
2Cases cited8 opinions
- Westmoreland v. PowellSupreme Court of Georgia · 1877
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Hall v. HarrisCourt of Appeals of Georgia · 1909
- Lumsden v. LeonardSupreme Court of Georgia · 1875
- Williams v. KennedySupreme Court of Georgia · 1910
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3Cited by8 opinions
- Head v. StateCourt of Appeals of Georgia · 1943
- Bussell v. GlennSupreme Court of Georgia · 1944
- Todd v. WindsorCourt of Appeals of Georgia · 1968
- Scott v. GauldingSupreme Court of Georgia · 1939
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