Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 7. SURETYSHIP · Article 3. RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS

10-7-45. Proof of suretyship by parol.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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 notice to the principal of his intention to make such proof.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1826, Cobb’s 1851 Digest, p. 593.; Code 1863, § 2143; Code 1868, § 2138; Code 1873, § 2165; Code 1882, § 2165; Civil Code 1895, § 2984; Civil Code 1910, § 3556; Code 1933, § 103-306.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 1213 to 1214; merge action: carried; file SHA-256 7afbade16da7.