Thebaut v. McGill

Court of Appeals of Georgia

Thebaut v. McGill

175 S.E. 396, 49 Ga. App. 316, 1934 Ga. App. LEXIS 383

CourtCourt of Appeals of Georgia

DecidedApril 3, 1934

Docket23692

StatusPublished

This text of 175 S.E. 396 (Thebaut v. McGill) 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

Thebaut v. McGill, 175 S.E. 396, 49 Ga. App. 316, 1934 Ga. App. LEXIS 383 (Ga. Ct. App. 1934).

Pincite

Opinions

Guerry, J.

An action for fraud will not lie in favor of an accommodation indorser against the maker of a promissory note because of alleged false statements made by the maker to the payee of the note as to his financial responsibility, as an additional inducement to obtain credit. Such an action may be maintained by the payee where credit is extended by reason of false statements, but not by such accommodation indorser unless the alleged false statements are made to him and are relied upon by him in becoming such indorser. The petition in this ease having alleged that the plaintiff became such indorser because of sympathy for the maker, the court did not err in sustaining a general demurrer and dismissing the petition.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Guerry, J.

An action for fraud will not lie in favor of an accommodation indorser against the maker of a promissory note because of alleged false statements made by the maker to the payee of the note as to his financial responsibility, as an additional inducement to obtain credit. Such an action may be maintained by the payee where credit is extended by reason of false statements, but not by such accommodation indorser unless the alleged false statements are made to him and are relied upon by him in becoming such indorser. The petition in this ease having alleged that the plaintiff became such indorser because of sympathy for the maker, the court did not err in sustaining a general demurrer and dismissing the petition.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

175 S.E. 396, 49 Ga. App. 316, 1934 Ga. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thebaut-v-mcgill-gactapp-1934.

Opinions

Related

Cite This Page — Counsel Stack