DeLoach v. Kennedy

99 S.E. 314, 23 Ga. App. 736, 1919 Ga. App. LEXIS 324

Opinion

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.