Bigby v. Douglas
Supreme Court of Georgia
Action for contribution. Before Judge Lumpkin. Fulton ■'superior court. August 12, 1904. On tbe 11th day of February, 1904,’ Mrs. Elizabeth Kate Bigby, as executrix of the last will and testament of John S. Bigby, brought suit against Hamilton Douglas, as administrator*- of the estate of J. T. Warnock, and S. Eberhart and A. J. Bethune, alleging, in substance, that her testator and J. T. Warnock, S. Eberhart, and A. J. Bethune were joint accommodation indorsers on a certain…
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Action for contribution. Before Judge Lumpkin. Fulton ■'superior court. August 12, 1904. On tbe 11th day of February, 1904,’ Mrs. Elizabeth Kate Bigby, as executrix of the last will and testament of John S. Bigby, brought suit against Hamilton Douglas, as administrator*- of the estate of J. T. Warnock, and S. Eberhart and A. J. Bethune, alleging, in substance, that her testator and J. T. Warnock, S. Eberhart, and A. J. Bethune were joint accommodation indorsers on a certain promissory note given by the Eagle & Phoenix Manufacturing Company to the National Bank of the Eepublic, of New York…
1Opinion of the CourtEvans, J.
(After stating the facts.) It is well-settled law in. this State that an accommodation indorser is to be considered as. a mere surety. Civil Code, § 2969. The plaintiff’s petition presents a case of the payment .by one accommodation indorser of the principal debt to the creditor, and a claim for contribution from the other indorsers. It is insisted by the plaintiff in error-that the cause of action set forth in the petition is predicated neither upon the subrogation of her testator to the rights of the-payee of the note, nor upon any implied contract on the part of the defendants to make…
2Cases cited7 opinions
- Hull v. MyersSupreme Court of Georgia · 1893
- Banks v. DardenSupreme Court of Georgia · 1855
- Lumpkin v. MillsSupreme Court of Georgia · 1848
- Savannah & Ogeechee Canal Co. v. ShumanSupreme Court of Georgia · 1896
- Harris v. SmithSupreme Court of Georgia · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Wheatley v. GloverSupreme Court of Georgia · 1906
- Paula I. WHATLEY, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION, Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1982
- Houston v. DoeCourt of Appeals of Georgia · 1975
- Harris v. BlackSupreme Court of Georgia · 1915
- Williams v. ClemonsSupreme Court of Georgia · 1934
23 more not listed; retrieve them via the Exa API.