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

CourtCourt of Appeals of Georgia

DecidedJune 18, 1975

Docket50687

StatusPublished

This text of 217 S.E.2d 190 (Edwards v. Georgia Railroad Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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.

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217 S.E.2d 190, 135 Ga. App. 186, 1975 Ga. App. LEXIS 1609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-georgia-railroad-bank-trust-co-gactapp-1975.

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