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Lawskills.com Georgia Caselaw
HAMMOND v. SOUTHERN COTTON OIL COMPANY.
34779.
Action on promissory note. Before Judge Paschall. Gordon Superior Court. May 25, 1953.
CARLISLE, J.
1. A contract on the back of a promissory note, signed by one other than the payee thereof and in the following words, "For value received, the endorser or endorsers on this note hereby guarantee the payment of the same at maturity, or at any time thereafter, with interest at the rate of 8 percent per annum until paid, waiving demand, notice of non-payment, and protest," prima facie imports a contract of guaranty. Baggs v. Funderburke, 11 Ga. App. 173 (74 S. E. 937); Paris v. Farmer & Merchants Bank, 143 Ga. 324 (85 5. E. 126); Rawleigh Co. v. Salter, 31 Ga. App. 329 (120 S. E. 679); Etheridge v. Rawleigh Co., 29 Ga. App. 698 (116 S. E. 903); Maril v. Boswell, 12 Ga. App. 41 (76 S. E. 773).
3. Since the demurrer to the petition should have been sustained, as indicated in division 2, all further proceedings in the case were nugatory.
Beverly Langford, Matthews, Maddox & Belt, contra.
H. L. Barnett, Y. A. Henderson, Maddox & Maddox, for plaintiff in error.
DECIDED OCTOBER 30, 1953.
Saturday May 23 04:11 EDT


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