Georgia Court of Appeals, 1919

DeLoach v. Kennedy

DeLoach v. Kennedy
Georgia Court of Appeals · Decided May 14, 1919 · Broyles
23 Ga. App. 736; 99 S.E. 314; 1919 Ga. App. LEXIS 324

DeLoach v. Kennedy

Opinion of the Court

Broyles, P. J.

1. Under the facts of the case, the discharge in bankruptcy of the principal upon the forthcoming bond did not release the sureties upon the bond, and was not a good' defense as to the sureties in the suit upon the bond. See, in this connection, Steinhauer & Wight Inc. v. Adair, 20 Ga. App. 733 (2) (93 S. E. 280), and authorities there cited; Collier on Bankruptcy (11th ed.), § 16, pp. 417, 420.

2. Under the above ruling, the court did not err in charging as complained of in the motion for a new trial; and the verdict for the plaintiff was authorized by the evidence.-

Judgment affirmed.

Bloodworth and Stephens, JJ., concur.

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