Georgia Court of Appeals, 1939

Kent v. Hair

Georgia Court of Appeals · Decided September 22, 1939 · Felton, Stephens, Sutton

60 Ga. App. 652; 4 S.E.2d 703; 1939 Ga. App. LEXIS 130

Cases that cite this one

2 later published cases cite this decision.

Guy F. Atkinson Co. v. Fimian (Ga. Ct. App. 1951)
Cocke v. Truslow (Ga. Ct. App. 1955)

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

Felton, J.

(After stating the foregoing facts.) Assuming that the Tennessee statute is open to the construction that the release of a cosurety or co-obligor does not release the other surety or obligor when the parties other than those not released stipulate that such other surety or obligor be not released, such a construction is contrary to the public policy of this State, as expressed by the Code, §§ 20-910, 103-201, and will not be enforced. Code, § 102-110; Shore Acres Properties Inc. v. Morgan, 44 Ga. App. 128 (160 S. E. 705); Sally v. Bank of Union, 150 Ga. 281 (3) (103 S. E. 400); Ulman, Magill & Jordan Woolen Co. v. Magill, 155 Ga. 555 (117 S. E. 657). It is unnecessary to pass upon the *655other assignments of error. The court did not err in dismissing the action on the motion in the nature of a general demurrer.

Judgment affirmed.

Stephens, P. J., concurs. Sutton, J., concurs specially.

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