Kent v. Hair

Court of Appeals of Georgia

Kent v. Hair

4 S.E.2d 703, 60 Ga. App. 652, 1939 Ga. App. LEXIS 130

CourtCourt of Appeals of Georgia

DecidedSeptember 22, 1939

Docket27623

StatusPublished

Cited by3 cases

This text of 4 S.E.2d 703 (Kent v. Hair) 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

Kent v. Hair, 4 S.E.2d 703, 60 Ga. App. 652, 1939 Ga. App. LEXIS 130 (Ga. Ct. App. 1939).

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Opinion

Felton, J.

(After stating the foregoing facts.) Assuming that the Tennessee statute is open to the construction that the release of a cosurety or co-obligor does not release the other surety or obligor when the parties other than those not released stipulate that such other surety or obligor be not released, such a construction is contrary to the public policy of this State, as expressed by the Code, §§ 20-910, 103-201, and will not be enforced. Code, § 102-110; Shore Acres Properties Inc. v. Morgan, 44 Ga. App. 128 (160 S. E. 705); Sally v. Bank of Union, 150 Ga. 281 (3) (103 S. E. 400); Ulman, Magill & Jordan Woolen Co. v. Magill, 155 Ga. 555 (117 S. E. 657). It is unnecessary to pass upon the [655]*655other assignments of error. The court did not err in dismissing the action on the motion in the nature of a general demurrer.

Judgment affirmed.

Stephens, P. J., concurs. Sutton, J., concurs specially.

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Felton, J.

(After stating the foregoing facts.) Assuming that the Tennessee statute is open to the construction that the release of a cosurety or co-obligor does not release the other surety or obligor when the parties other than those not released stipulate that such other surety or obligor be not released, such a construction is contrary to the public policy of this State, as expressed by the Code, §§ 20-910, 103-201, and will not be enforced. Code, § 102-110; Shore Acres Properties Inc. v. Morgan, 44 Ga. App. 128 (160 S. E. 705); Sally v. Bank of Union, 150 Ga. 281 (3) (103 S. E. 400); Ulman, Magill & Jordan Woolen Co. v. Magill, 155 Ga. 555 (117 S. E. 657). It is unnecessary to pass upon the [655]*655other assignments of error. The court did not err in dismissing the action on the motion in the nature of a general demurrer.

Judgment affirmed.

Stephens, P. J., concurs. Sutton, J., concurs specially.

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Bluebook (online)

4 S.E.2d 703, 60 Ga. App. 652, 1939 Ga. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kent-v-hair-gactapp-1939.

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