Brain v. Hill

Court of Appeals of Georgia

Brain v. Hill

7 S.E.2d 407, 61 Ga. App. 756, 1940 Ga. App. LEXIS 254

Court of Appeals of Georgia·Decided February 24, 1940·No. 28089.·Published

Opinion

Sutton, J.

Where one pays an indebtedness on a note on which he and another are. bound as coindorsers, he is subrogated to the rights of the payee, and is also entitled to contribution from the coindorser for one half of the amount so paid. Hull v. Myers, 90 Ga. 674 (16 S. E. 653); Bigby v. Douglas, 123 Ga. 635 (51 S. E. 606); Lamis v. Callianos, 57 Ga. App. 238 (194 S. E. 923). Under the law and the evidence in the present case the trial judge of the civil court' of Atlanta, before whom the case was tried without the intervention of a jury, was authorized to render judgment for the plaintiff for the amount of contribution sued for because of payments made on a note on which the plaintiff and defendant were indorsers. The appellate division of said court *757 properly affirmed the judgment of the trial judge overruling the defendant’s motion for new trial.

Decided February 24, 1940. Scott Lay Jr., for plaintiff in error. A. C. Corbett, contra.

Judgment affirmed.

¡Stephens, V. J., and Felton, J., concur.

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Sutton, J.

Where one pays an indebtedness on a note on which he and another are. bound as coindorsers, he is subrogated to the rights of the payee, and is also entitled to contribution from the coindorser for one half of the amount so paid. Hull v. Myers, 90 Ga. 674 (16 S. E. 653); Bigby v. Douglas, 123 Ga. 635 (51 S. E. 606); Lamis v. Callianos, 57 Ga. App. 238 (194 S. E. 923). Under the law and the evidence in the present case the trial judge of the civil court' of Atlanta, before whom the case was tried without the intervention of a jury, was authorized to render judgment for the plaintiff for the amount of contribution sued for because of payments made on a note on which the plaintiff and defendant were indorsers. The appellate division of said court *757 properly affirmed the judgment of the trial judge overruling the defendant’s motion for new trial.

Decided February 24, 1940. Scott Lay Jr., for plaintiff in error. A. C. Corbett, contra.

Judgment affirmed.

¡Stephens, V. J., and Felton, J., concur.

Brain v. Hill, 7 S.E.2d 407, 61 Ga. App. 756, 1940 Ga. App. LEXIS 254 (Ga. Ct. App. 1940).

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Opinion

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