2025 Code of Georgia
Title 10 - Commerce and Trade (Chs. 1 — 15)
Chapter 7 - Suretyship (Arts. 1 — 3)
Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons (§§ 10-7-40 — 10-7-57)
Annotations
Research References & Practice Aids
RESEARCH REFERENCES ALR.Incapacity of principal to contract as affecting liability of guarantor or surety, 24 A. L. R. 838; 43 A. L. R. 589.
Duty of bank to sureties or endorsers as to application of general deposit by principal, 70 A. L. R. 339.
Right of surety or one secondarily liable to bring an action before payment of obligation to set aside fraudulent conveyances by principal, 71 A. L. R. 354.
Right of sureties on bond to take advantage of noncompliance with statutory requirement as to approval of bond, 77 A. L. R. 1479.
Liability of surety on subcontractor’s bond to principal contractor for public improvement or to his surety, in respect of claims for labor or materials furnished to subcontractor, 117 A. L. R. 662.
Right of principal, cosureties, or coguarantors to benefit of discount at which obligation is purchased or discharged by a surety or guarantor, 118 A. L. R. 416.
Right of surety on bond of trustee, executor, administrator, or guardian to terminate liability as regards future defaults of principal, 118 A. L. R. 1261; 150 A. L. R. 485.
Right of surety on fidelity bond to allowance or refund where obligee makes recovery from principal or other sources, 126 A. L. R. 946.
Basis upon which surety paying part of creditor’s claim may participate in dividends from insolvent estate of principal, where other part of claim is paid by proceeds of collateral security or by prior dividends, 138 A. L. R. 517.
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.
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.
Computation of net “loss” for which fidelity insurer is liable, 5 A. L. R.5th 132.
Hierarchy Notes:O. C. G. A. Title 10
O. C. G. A. Title 10, Ch. 7
- § 10-7-40. Attachment against principal
- § 10-7-41. Right of surety or endorser to recover amount paid, interest, and costs
- § 10-7-42. Effect of judgment against surety
- § 10-7-43. Recovery of usury paid by surety
- § 10-7-44. Foreclosure of mortgage or enforcement of security given by principal
- § 10-7-45. Proof of suretyship by parol
- § 10-7-46. Proof of suretyship after judgment
- § 10-7-47. Control of execution and judgment by surety; subrogation to plaintiff’s rights
- § 10-7-48. Control of execution and judgment by surety when sued separately
- § 10-7-49. Payment pending action; judgment for plaintiff for use of surety
- § 10-7-50. Compelling contribution from cosureties after paying more than equal share; effect of cosurety's insolvency
- § 10-7-51. Interest on sum recovered as contribution
- § 10-7-52. Duty to account for indemnification from principal; compelling transfer of security from principal
- § 10-7-53. Controlling action on debt and judgments therein against cosureties
- § 10-7-54. Endorser’s right to control judgment on debt and execution thereon
- § 10-7-55. Protection of bona fide purchasers when surety controls judgment
- § 10-7-56. Subrogation to rights of creditor; priority of claim
- § 10-7-57. Substitution in place of creditor as to securities held by creditor
