Jones v. Norton
Supreme Court of Georgia
Affidavit, of illegally. Before Judge Charlton. Chatham superior court. March 12, 1910. On August 6, 1909, N. N. Jones as principal and J. V. and J. H. Norton as indorsers, gave the Citizens & Southern Bank eighteen promissory notes aggregating $3,500, maturing at the rate of one note on the sixth day of each succeeding month after their execution.
Read the full summary
Affidavit, of illegally. Before Judge Charlton. Chatham superior court. March 12, 1910. On August 6, 1909, N. N. Jones as principal and J. V. and J. H. Norton as indorsers, gave the Citizens & Southern Bank eighteen promissory notes aggregating $3,500, maturing at the rate of one note on the sixth day of each succeeding month after their execution. Jones gave to the Nortons, at the time of making the notes to the bank, his eighteen notes for $50 each, which respectively matured on the same dates as the notes given to the bank. The notes given by Jones to the Nortons were in consideration of…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. Some courts have sought to establish a distinction between a contract of a principal to indemnify his surety against damage merely and nothing more, and a contract by which a principal undertakes to indemnify his surety against any liability for the fail-, ure of the principal to do a certain act or pay a certain sum of money at a stated time; and have held that in instances of the first character damage must be shown before the surety is entitled to. recover; but in cases of the latter kind the surety upon the default of his principal has a right of…
2Cases cited2 opinions
- Importers & Traders Bank v. McGhees & Co.Supreme Court of Georgia · 1892
- Williford v. DenbySupreme Court of Georgia · 1907
3Cited by1 opinion
- Richards v. ShieldsSupreme Court of Georgia · 1912