Hirsch & Co. v. Meldrim
Supreme Court of Georgia
Complaint. Before Judge Cann. Chatham superior court. June 9, 1905. On May 25, 1903, William Fawcett was indebted to the firm of Charles S. Hirsch & Company in the sum of $4,000. To secure the payment of this debt he had previously delivered to that firm an ■unrecorded deed or lease held by him, covering the timber on what was known as the Woodstock plantation, in the county of Chatham.' Across the hack of this instrument Fawcett had written his name, and had authorized…
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Complaint. Before Judge Cann. Chatham superior court. June 9, 1905. On May 25, 1903, William Fawcett was indebted to the firm of Charles S. Hirsch & Company in the sum of $4,000. To secure the payment of this debt he had previously delivered to that firm an ■unrecorded deed or lease held by him, covering the timber on what was known as the Woodstock plantation, in the county of Chatham.' Across the hack of this instrument Fawcett had written his name, and had authorized Hirseh & Compaq to write above it any transfer or conveyance of the timber that might be necessary. On or about the date…
1Opinion of the CourtEvaNs, J.
(After stating the facts.) Inasmuch as no consideration flowed to Meldrim, his liability, if any, would be that of a surety, and not that of a guarantor. Fields v. Willis, 123 Ga. 272. The contract of suretyship is always one for strict construction. Ordinarily an agreement to become responsible for an “advance” to be made to a third person is to be construed as presupposing that such third person shall receive in money or property the amount to be advanced. The mere release of a lien on property, so as to enable the principal to sell it for cash, is not such an “advance” as is contemplated…
2Cases cited1 opinion
- Fields v. WillisSupreme Court of Georgia · 1905
3Cited by3 opinions
- Wolkin v. National Acceptance Co.Supreme Court of Georgia · 1966
- Kennedy v. Thruway Service City, Inc.Court of Appeals of Georgia · 1975
- Abrams v. StateSupreme Court of Georgia · 1906