Henderson v. Holcomb

Court of Appeals of Georgia

Henderson v. Holcomb

75 S.E. 268, 11 Ga. App. 353, 1912 Ga. App. LEXIS 401

CourtCourt of Appeals of Georgia

DecidedJuly 23, 1912

Docket4138

StatusPublished

Cited by1 cases

This text of 75 S.E. 268 (Henderson v. Holcomb) 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

Henderson v. Holcomb, 75 S.E. 268, 11 Ga. App. 353, 1912 Ga. App. LEXIS 401 (Ga. Ct. App. 1912).

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Opinion

Hill, C. J.

Suit upon a promissory note executed by two as joint and several makers was brought by the payee against one of the makers alone, and the court dismissed the suit, because the other maker was not also made a party defendant. Held, error. The maker sued was not deprived of any right of defense against the plaintiff, or of eventual contribution from his co-maker, by the fact of the separate suit. The holder of the note could sue one or both of the makers.

Judgment reversed.

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Hill, C. J.

Suit upon a promissory note executed by two as joint and several makers was brought by the payee against one of the makers alone, and the court dismissed the suit, because the other maker was not also made a party defendant. Held, error. The maker sued was not deprived of any right of defense against the plaintiff, or of eventual contribution from his co-maker, by the fact of the separate suit. The holder of the note could sue one or both of the makers.

Judgment reversed.

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Bluebook (online)

75 S.E. 268, 11 Ga. App. 353, 1912 Ga. App. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-holcomb-gactapp-1912.

Opinion

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