Edwards v. Georgia Railroad Bank Trust Company

Full title: EDWARDS v. GEORGIA RAILROAD BANK TRUST COMPANY

Court: Court of Appeals of Georgia

Date published: Jun 18, 1975

217 S.E.2d 190 (Ga. Ct. App. 1975)

217 S.E.2d 190

Opinion

50687.

ARGUED MAY 28, 1975.

DECIDED JUNE 18, 1975.

Suit on note. Wilkes Superior Court. Before Judge Stevens.

Walton Hardin, for appellant.

Nixon, Yow, Waller Capers, O. Palmour Hollis, Roy D. Tritt, for appellee.

Kenneth L. Levin, amicus curiae.

QUILLIAN, Judge.

In view of the ruling of Duran v. Judson, 128 Ga. App. 459 ( 197 S.E.2d 163), and Judson v. Duran, 231 Ga. 206 ( 200 S.E.2d 872), which affirmed the Court of Appeals' decision, it was not error to grant the plaintiff's motion for summary judgment. The defendant's sole defense was lack of consideration because she was a surety for her husband's debt. Under the above cited decisions, while this might prevent a levy after judgment on her tangible personal property, it would not immunize her from a judgment based on her execution of the note.

Judgment affirmed. Pannell, P. J., and Clark, J., concur.

QUILLIAN, Judge.

ARGUED MAY 28, 1975 — DECIDED JUNE 18, 1975.