Effect of release of or compounding with surety

O.C.G.A. § 10-7-46 — under Commerce and Trade.

O.C.G.A. § 10-7-46

Novation; effect. Discharge of surety by increase of risk. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety. Refusal to sue principal after notice by surety as discharge. Extending liability. Promise to pay in ignorance of discharge. Provisions of Uniform Commercial Code to control. Process sued out and judgment entered against surety as such. Judgment against principal and surety at same time. Bad faith refusal of corporate surety to perform suretyship contract. Rights of certain parties claiming protection under a payment bond or security deposit; notice of commencement of work. 10-7-47. 10-7-48. 10-7-49. 10-7-50. 10-7-51. 10-7-52. 10-7-53. 10-7-54. 10-7-55. 10-7-56. 1119 Attachment against principal. Right of surety or endorser to recover amount paid, interest, and costs. Effect of judgment against surety. Recovery of usury paid by surety. Foreclosure of mortgage or enforcement of security given by principal. Proof of suretyship by parol. Proof of suretyship after judgment. Control of execution and judgment by surety; subrogation to plaintiff’s rights. Control of execution and judgment by surety when sued separately. Payment pending action; judgment for plaintiff for use of surety. Compelling contribution from cosureties after paying more than equal share; effect of cosurety’s insolvency. Interest on sum recovered as contribution. Duty to account for indemnification from principal; compelling transfer of security from principal. Controlling action on debt and judgments therein against cosureties. Endorser’s right to control judgment on debt and execution thereon. Protection of bona fide purchasers when surety controls judgment. Subrogation to rights of creditor; priority of claim. T.10, C.7 Sec. 10-7-57. COMMERCE AND TRADE T.10, C.7, A.1 Substitution in place of creditor as to securities held by creditor.