Title 10 — Commerce and Trade

Invest Georgia fund, §10-10-11. Control, controlling or controlled by. Telemarketing deception, fraud or abuse, §10-5B-2. Convenience warehouse, §10-4-191. Cooperatives. Consignment of art, §10-1-521. Copper property. Secondary metals recyclers, §10-1-350. Copper wire. Secondary …

Discharge of parties to negotiable instruments. Provisions of commercial paper article to control, §10-7-27. Notice. Parties claiming protection under a payment bond or security deposit. Action prerequisites, §10-7-31. Refusal to sue principal after notice by surety. Discharge of…

The creditor may release or compound with the surety without releasing the principal, but the release of or compounding with one surety shall discharge a cosurety. History. Orig. Code 1863, § 2129; Code 1868, § 2124; Code 1873, § 2152; Code 1882, § 2152; Civil Code 1895, § 2970; …

Any change in the nature or terms of a contract is called a “novation”; such novation, without the consent of the surety, discharges him. History. Orig. Code 1863, § 2130; Code 1868, § 2125; Code 1873, § 2153; Code 1882, § 2153; Civil Code 1895, § 2971; Civil Code 1910, § 3543; C…

Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk or exposes him to greater liability shall discharge him; a mere failure by the creditor to sue as soon as the law allows or neglect to prosecute with vig…

Gasoline. Below cost sales. Effect of written tender of settlement, §10-1-255. Unfair or deceptive trade practices. Fair business practices act of 1975. Written tender of settlement, §10-1-399. THEATERS.

Any surety, guarantor, or endorser, at any time after the debt on which he or she is liable becomes due, may give notice in writing to the creditor, his or her agent, or any person having possession or control of the obligation, to proceed to collect the debt from the principal o…

The creditor shall pursue his remedy against the surety within the time prescribed by law; and no payment or promise by the principal or by a cosurety shall extend the obligation of the surety or the remedy of the creditor against him. History. Orig. Code 1863, § 2135; Code 1868,…

If by an act of the creditor the surety is discharged and in ignorance of the fact of the discharge the surety promises to pay, the promise shall not be binding. History. Orig. Code 1863, § 2136; Code 1868, § 2131; Code 1873, § 2158; Code 1882, § 2158; Civil Code 1895, § 2976; Ci…

Code Sections 10-7-20 through 10-7-26 shall be superseded to the extent of any conflict by the provisions of Article 3 of Title 11, the “Uniform Commercial Code — Negotiable Instruments,” relating to the discharge of any party to a negotiable instrument. History. Ga. L. 1997, p. 1…

It shall be lawful to enter judgment against principal and sureties at the same time, as in cases of appeal, in all cases in law or equitable proceedings when a bond has been given by the losing party conditioned 1183 10-7-29 to pay the eventual condemnation money in the action; …

The contract of suretyship is one of strict law; and the surety’s liability will not be extended by implication or interpretation. History. Orig. Code 1863, § 2127; Code 1868, § 2122; Code 1873, § 2150; Code 1882, § 2150; Civil Code 1895, § 2968; Civil Code 1910, § 3540; Code 193…

Co. v. American Druggist Ins. Co., 166 Ga. App. 509, 304 S.E.2d 471, 1983 Ga. App. LEXIS 2225 (1983). Estoppel. — Indemnitors were estopped from contending that the insurer’s failure to pay the owner’s claim prior to trial constituted a breach of fiduciary duty on the insurer’s pa…

The form of the contract is immaterial, provided the fact of suretyship exists. History. Orig. Code 1863, § 2128; Code 1868, § 2123; Code 1873, § 2151; Code 1882, § 2151; Civil Code 1895, § 2969; Civil Code 1910, § 3541; Code 1933, § 103-104. Editor’s notes. In Massell v. Prudent…

A surety or endorser is entitled to the process of attachment against his principal before payment of the debt under the same circumstances as any other creditor. History. Orig. Code 1863, § 2138; Code 1868, § 2133; Code 1873, § 2160; Code 1882, § 2160; Civil Code 1895, § 2979; C…

Dykes, 214 Ga. App. 792, 449 S.E.2d 305, 1994 Ga. App. LEXIS 1059 (1994). Voluntary payment entitles surety to proceed against principal. — Voluntary payment by a surety of a past due debt entitles the surety to proceed immediately against the principal for the amount paid in the…

If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of such 1195 10-7-42 judgment shall be conclusive against the principal as to the amount for which the surety was bound. If the payment was not made af…

If the contract was originally usurious and the surety in making payment includes the usury, he shall recover the same from the principal unless previous to the payment he had notice of the intention of the principal to resist usury. History. Orig. Code 1863, § 2141; Code 1868, §…

If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after judgment (the creditor not being delayed in his remedy by such collateral issue between the principal and his surety), if before judgment the surety shall give…

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 disch…

Indorser’s right to control judgment, §10-7-54. Judgment against principal and surety at same time, §10-7-29. Payment of debt pending action by surety. Judgment for plaintiff for use of surety, §10-7-49. Process sued out and judgment entered against sureties, §10-7-28. Proof afte…

Action by surety for payment of debt past due, §10-7-41. Recovery of usury paid by surety, §10-7-43. Sum recovered as contribution, §10-7-51. Judgments.

Suretyship, §§10-7-41, 10-7-43, 10-7-51. INTERFERENCE WITH AGENT’S POSSESSION. Right of action, §10-6-83. INTERNET. Credit report security freezes. Internet-based method of requesting, §10-1-914. Mug shots published on public website, §10-1-393.5. Music download websites. True or…

Bad faith refusal of corporate surety to perform contract, §10-7-30. Costs. Action for payment by surety of debt past due, §10-7-41. Damages. Corporate sureties. Bad faith refusal to perform contract, §10-7-30. Debt past due. Action for payment by surety, §10-7-41. Discharge of s…

Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the judgment against the principal and the endorsers is joint or several, shall be entitled to control the judgment and execution founded thereon …

When the surety does not appear to be such in the judgment and execution, the lien of such judgment, when controlled by the surety, shall not interfere with bona fide purchasers without notice from the principal, whose rights were vested before the order giving control to the sure…

A surety who has paid the debt of his principal shall be subrogated, both at law and in equity, to all the rights of the creditor and, in a controversy with other creditors, shall rank in dignity the same as the creditor whose claim he paid. History. Ga. L. 1857, p. 111, § 4; Cod…

Estoppel, §10-6-26. Torts, §10-6-85. Liability of principal for injuries by other agents, §10-6-39. Neglect and fraud of agent, §10-6-60. Willful trespass. Principal liable for, §10-6-61. Trespass. Principal liable for agent’s willful trespass, §10-6-61. Undisclosed principals. D…