Georgia Court of Appeals, 1912

Daniel v. Browder-Manget Co.

Daniel v. Browder-Manget Co.
Georgia Court of Appeals · Decided November 12, 1912 · Pottle
11 Ga. App. 789; 76 S.E. 166; 1912 Ga. App. LEXIS 181

Daniel v. Browder-Manget Co.

Opinion of the Court

Pottle, J.

1. Since one who signed a promissory note apparently as an indorser may, by parol evidence, be shown to have been in fact a surety (James v. Calder, 7 Ga. App. 707, 28 S. E. 622), a petition in a suit upon a promissory note, brought against A as maker and B as surety, in the county of the latter’s residence, is not demurrable upon the ground that it appears from the petition that the maker does not reside in the county wherein the suit was brought, although, from a copy of the note attached to the petition, it appears that B signed the note as indorser. Lumpkin v. Calloway, 101 Ga. 226 (28 S. E. 622).

2. There was no error in striking the plea to the jurisdiction, or in any of the other rulings complained of. Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.