99 Ga. 384 | Ga. | 1896
1. In so far as concerns the error upon the direction of the verdict allowing counsel fees in this case, the questions made in the present record are controlled by the decision of this court in the case of Butler v. Mutual etc. Investment Company, 94 Ga. 563. Upon that question the facts in the case above referred to are identical with those which appear in the present record.
2. In the case of Mayer v. Thomas, reported in 97 Ga. 772, it was held that an accommodation maker of a promissory note was not entitled, upon non-payment at maturity, to have the same protested for non-payment, and to receive notice thereof, such as is required to be given an indorser under the provisions of our code. The principle ruled in that ease rules this, and no further discussion of that question is necessary or would be profitable.
3. Under section 2165 of the code, if one sued as a principal claim to be a surety only, and the fact of suretyship