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Lawskills.com Georgia Caselaw
SIMPSON v. WAGES et al.
44181.
QUILLIAN, Judge.
Action on note. DeKalb Civil and Criminal Court. Before Judge Smith.
Code Ann. 109A-3--118 (e) (Ga. L. 1962, pp. 156, 245) provides: "Unless the instrument otherwise specifies two or more persons who sign as maker, acceptor or drawer or indorser and as a part of the same transaction are jointly and severally liable even though the instrument contains such words as 'I promise to pay.' " Where as in the case sub judice there is a negotiable instrument containing the words "we promise to pay" and signed by three parties, absent any specific provision to the contrary, the three co-makers are jointly and severally liable under the provisions of this Code section. Ghitter v. Edge, 118 Ga. App. 750 (2) (165 SE2d 598). See Official Comment, 2 U. L. A.--U. C. C., 3-118 (e), p. 54; 4 Encyc. of Ga. Law, Commercial Code 146, pp. 251, 252. Hence, an action against two of the three co-makers on the note was sustainable even though the other co-maker was dismissed as a party defendant. The trial judge erred in directing a verdict for the two defendants and overruling the plaintiff's motion for a new trial.
Powell, Goldstein, Frazer & Murphy, Wayne Shortridge, Ronald Stallings, for appellant.
ARGUED JANUARY 7, 1969 -- DECIDED FEBRUARY 13, 1969 -- REHEARING DENIED MARCH 7, 1969 -- CERT. APPLIED FOR.
Friday May 22 18:01 EDT


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