Georgia Court of Appeals, 1975

Central Bank & Trust Co. v. Price

Georgia Court of Appeals · Decided October 23, 1975 · Webb

136 Ga. App. 302; 221 S.E.2d 71; 1975 Ga. App. LEXIS 1334

Opinion of the Court

Webb, Judge.

1. This is an action against the guarantor of a promissory note. Pursuant to Code § 103-205, the guarantor had notified the creditor in writing to proceed to collect the debt from the principals, setting forth their county of residence. The creditor failed to commence an *303action against them within three months after the notification, resulting in the discharge of the guarantor. Code § 103-205. Accordingly the lower court did not err in granting his motion for summary judgment.

Argued October 6, 1975 Decided October 23, 1975. Ragsdale & Estes, Andrew W. Estes, for appellant. Gershon, Rudin, Pindar & Olim, Max Olim, for appellee.

2. Remaining contentions need not be passed upon.

Judgment affirmed.

Bell, C. J., and Marshall, J., concur.

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