Fields v. Shores-Mueller Co.

Court of Appeals of Georgia

Fields v. Shores-Mueller Co.

103 S.E. 473, 25 Ga. App. 395, 1920 Ga. App. LEXIS 831

CourtCourt of Appeals of Georgia

DecidedJune 15, 1920

Docket11439

StatusPublished

Cited by2 cases

This text of 103 S.E. 473 (Fields v. Shores-Mueller 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.

Bluebook

Fields v. Shores-Mueller Co., 103 S.E. 473, 25 Ga. App. 395, 1920 Ga. App. LEXIS 831 (Ga. Ct. App. 1920).

Pincite

Opinion

Broyles, C. J.

1. Ordinarily before an action can be maintained against a guarantor, it must be shown that the principal is unable to perform. Manry v. Waxelbaum, 108 Ga. 14 (33 S. E. 701); Musgrove v. Publishing Co., 5 Ga. App. 279 (63 S. E. 52).

(a) The decision in Fonché v. Cherokee National Bank, 18 Ga. App. 569 (90 S. E. 102), and the authorities there cited, apply to undertakings of a different character from that involved in the instant case.

2. This was a suit against guarantors, and, while the insolvency of the principal was alleged in the petition, there was no evidence whatever to sustain that allegation. The verdict against the guarantors was therefore unsupported by the evidence,, and the court erred in overruling the motion for a new trial.

3. In view of the above ruling, it is unnecessary to consider the special grounds of the motion for a new trial.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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