Georgia Court of Appeals, 1908

Clements v. National Bank

Georgia Court of Appeals · Decided April 22, 1908 · Hill

4 Ga. App. 270; 61 S.E. 146; 1908 Ga. App. LEXIS 263

Cases that cite this one

3 later published cases cite this decision.

McMillan v. Heard National Bank (Ga. Ct. App. 1917)
Savannah Bank & Trust Co. v. Purvis (Ga. Ct. App. 1909)
Medlock v. Wood (Ga. Ct. App. 1908)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Hill, C. J.

1. A sued B, O, and D, as makers of a promissory note, also claiming attorneys’ fees, and alleging the statutory notice therefor. B answered, admitting the execution of the note as principal maker, with C and D as sureties, and his indebtedness for principal and interest, but denied the allegation of notice' of the claim for attorneys’ fees. C and D made no defense. Judgment was rendered by the court against B for principal and interest, and against C and D for principal, interest, and attorneys’ fees. Held, the judgment was erroneous as to the attorneys’ fees against O and D. If in fact they were all joint principals, they were equally liable.

% If C and D were sureties for B, no judgment could be lawfully rendered for a greater amount against the sureties than against the principal. The judgment for attorneys’ fees against O and D should be written off.

Affirmed, xoith direction.

Complaint, from city court of Nashville — Judge Peeples. December 10, 1907.

Submitted February 25, Decided April 22, 1908. J. H. Powell, Watts Powell, for plaintiffs in error. R. D. Smith, R. S. Foy, contra.

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