2021 Georgia Code
Title 10 - Commerce and Trade
Chapter 7 - Suretyship
Article 2 - Relative Rights of Creditor and Surety
- § 10-7-20. Effect of Release of or Compounding With Surety
- § 10-7-21. "Novation" Defined; Effect on Surety's Liability
- § 10-7-22. Discharge of Surety by Increase of Risk
- § 10-7-23. Refusal to Deliver Evidence of Debt and Securities on Tender of Amount of Debt as Discharging Surety
- § 10-7-24. Refusal to Sue Principal After Notice by Surety as Discharge
- § 10-7-25. Extending Liability
- § 10-7-26. Promise to Pay in Ignorance of Discharge
- § 10-7-27. Provisions of Uniform Commercial Code to Control
- § 10-7-28. Process Sued Out and Judgment Entered Against Surety as Such
- § 10-7-29. Judgment Against Principal and Surety at Same Time
- § 10-7-30. Bad Faith Refusal of Corporate Surety to Perform Suretyship Contract
- § 10-7-31. Rights of Certain Parties Claiming Protection Under a Payment Bond or Security Deposit; Notice of Commencement of Work
- Discharge of liability of party on negotiable instrument by act or agreement which would discharge simple contract to pay money, ยง 11-3-601.
Law reviews.- For article, "Enforcing Commercial Real Estate Loan Guaranties," see 15 (No. 2) Ga. St. B. J. 12 (2009).
JUDICIAL DECISIONS
Failure of a cosurety to disclose the true nature and purport of the note at the time of endorsement is insufficient to release an accommodation endorser who did not read the note but seeks to avoid liability on the ground that the endorsement was obtained by fraud and deceit. Hollinshead v. Virginia Nat'l Bank, 104 Ga. 250, 30 S.E. 728 (1898).
RESEARCH REFERENCES
ALR.
- Right of surety to avoid contract for fraud on principal, 3 A.L.R. 868.
Failure to pay premium on indemnity bond as terminating same, 45 A.L.R. 617.
Duty of employer to notify surety that employee was dilatory, slow, or negligent in settling account, 60 A.L.R. 160.
Liability of sureties on bond of public officer for acts or defaults occurring after termination of office or principal's incumbency, 81 A.L.R. 10.
Right of construction contractor who does not comply strictly with contract as against guarantor or surety for payment, 81 A.L.R. 1211.
Remission or waiver of part of principal's obligation as releasing surety or guarantor, 121 A.L.R. 1014.
Right of surety on fidelity bond to allowance or refund where obligee makes recovery from principal or other sources, 126 A.L.R. 946.
Joinder in one action of sureties on different bonds relating to same matter, 137 A.L.R. 1044.
Release of one of joint and several defalcating tortfeasors as releasing insurer which was surety on fidelity bond of each, 35 A.L.R.2d 1122.
Application of payments as between debts for which a surety or guaranty is bound and those for which he is not, 57 A.L.R.2d 855.
Relative rights, as between surety on public work contractor's bond and unpaid laborers or materialmen, in percentage retained by obligee, 61 A.L.R.2d 899.
Creditor's duty of disclosure to surety or guarantor after inception of suretyship or guaranty, 63 A.L.R.4th 678.
Computation of net "loss" for which fidelity insurer is liable, 5 A.L.R.5th 132.
