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DeLoach v. Kennedy

Court: Court of Appeals of Georgia
Date filed: 1919-05-14
Citations: 23 Ga. App. 736
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Broyles, P. J.

1. Under the facts of the case, the discharge in bankruptcy of the principal upon the forthcoming bond did not release the sureties upon the bond, and was not a good' defense as to the sureties in the suit upon the bond. See, in this connection, Steinhauer & Wight Inc. v. Adair, 20 Ga. App. 733 (2) (93 S. E. 280), and authorities there cited; Collier on Bankruptcy (11th ed.), § 16, pp. 417, 420.

2. Under the above ruling, the court did not err in charging as complained of in the motion for a new trial; and the verdict for the plaintiff was authorized by the evidence.-

Judgment affirmed.

Bloodworth and Stephens, JJ., concur.