Legal Opinion
National Acceptance Co. v. Fulton National Bank
Court of Appeals of Georgia
Decided April 5, 1966No. 41878PublishedCited by 5 opinions
1Opinion of the Court
Hall, Judge.
This case brings to the court’s attention again the unreliability of the law on the subject of agreements to guarantee the debt of another, and the difficulty of anticipating before litigation whether in signing a particular contract one becomes a surety or a guarantor. We sympathize with the attorneys and the trial court who have tried to determine which type was the contract in this case. Courts have long discussed the “state of inextricable confusion” (Fields v. Willis, 123 Ga. 272, 275 (51 SE 280); General Finance Corp. of Atlanta, Northeast v. Welborn, 98 Ga. App. 280, 284…
2Cases cited24 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Etheridge v. Rawleigh Co.Court of Appeals of Georgia · 1923
- Musgrove v. Luther Publishing Co.Court of Appeals of Georgia · 1908
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- J. W. Scarboro, Jr., and Mrs. Nan C. Scarboro v. Universal C. I. T. Credit CorporationCourt of Appeals for the Fifth Circuit · 1966
- Wolkin v. National Acceptance Co.Supreme Court of Georgia · 1966
- Parker v. PuckettCourt of Appeals of Georgia · 1973
- Fruehauf Corporation v. Elizabeth S. McIntireCourt of Appeals for the Fifth Circuit · 1969
- Natl. Acceptance Co. v. Fulton National BankCourt of Appeals of Georgia · 1966