Edwards v. Georgia Railroad Bank & Trust Co.

Court of Appeals of Georgia

Edwards v. Georgia Railroad Bank & Trust Co.

217 S.E.2d 190, 135 Ga. App. 186, 1975 Ga. App. LEXIS 1609

Court of Appeals of Georgia·Decided June 18, 1975·No. 50687·Published

Opinion

Quillian, Judge.

In view of the rulings of Duran v. Judson, 128 Ga. App. 459 (197 SE2d 163), and Judson v. Duran, 231 Ga. 206 (200 SE2d 872), which affirmed the Court of Appeals’ decision, it was not error to grant the plaintiffs motion for summary judgment. The defendant’s sole defense was lack of consideration because she was a surety for her husband’s debt. Under the above cited decisions, while this might prevent a levy after judgment on her tangible personal property, it would not immunize her from a judgment based on her execution of the note.

Judgment affirmed.

Pannell, P. J., and Clark, J., concur.

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Quillian, Judge.

In view of the rulings of Duran v. Judson, 128 Ga. App. 459 (197 SE2d 163), and Judson v. Duran, 231 Ga. 206 (200 SE2d 872), which affirmed the Court of Appeals’ decision, it was not error to grant the plaintiffs motion for summary judgment. The defendant’s sole defense was lack of consideration because she was a surety for her husband’s debt. Under the above cited decisions, while this might prevent a levy after judgment on her tangible personal property, it would not immunize her from a judgment based on her execution of the note.

Judgment affirmed.

Pannell, P. J., and Clark, J., concur.

Edwards v. Georgia Railroad Bank & Trust Co., 217 S.E.2d 190, 135 Ga. App. 186, 1975 Ga. App. LEXIS 1609 (Ga. Ct. App. 1975).

Pincite

217 S.E.2d 190 (Edwards v. Georgia Railroad Bank & Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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