Jordan v. Farmers & Merchants Bank
Court of Appeals of Georgia
Illegality, from city court of Sandersville — ’Judge Brannen presiding. March 25, 1908.
1Opinion of the CourtHill, C. J.
1. “Mere non-action by the creditor will not release the-surety, unless such non-action makes unproductive some collateral security, . . or is based upon a consideration paid by the principal debtor to the creditor, or he is not notified under the statute to-collect the debt.” Lumsden v. Leonard, 55 Ga. 374; Civil Code, §2972.
2. Verbal requests, however urgent and frequent, by a surety to the creditor, to take action to collect the debt from the principal debtor, will not relieve the surety. To avail the surety, the request or notice to the creditor to collect the debt out of the principal…
2Cases cited3 opinions
- Lumsden v. LeonardSupreme Court of Georgia · 1875
- Manry v. ShepperdSupreme Court of Georgia · 1876
- Souter v. Bank of Southwestern GeorgiaSupreme Court of Georgia · 1894
3Cited by6 opinions
- Williams v. KennedySupreme Court of Georgia · 1910
- Higdon v. BellCourt of Appeals of Georgia · 1920
- Bank of LaFayette v. WardlawCourt of Appeals of Georgia · 1917
- Felker v. StillCourt of Appeals of Georgia · 1926
- Brown v. BellCourt of Appeals of Georgia · 1928
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