Darby v. the Commercial Bank

Webb, Judge.

The Commercial Bank of Crawford brought suit on a promissory note against Northeast Georgia Wood Products, Inc., as maker, and R. M. Darby as surety. One of Darby’s pleaded defenses was that there had been a material change in the terms of the note which operated to discharge him as surety. The jury found in favor of plaintiff bank against the company but discharged Darby. The bank filed a motion for new trial on the general grounds only, and the motion was granted. Subsequently the court vacated this order and entered a new order, specifying that the motion for new trial was…