144 Ga. 561 | Ga. | 1916
(After stating the foregoing facts.) There was no allegation of any writing contemporaneous with the bond, embodying the terms and conditions upon which the paper was to become void and inoperative, as set forth in the petition of Daniels, the security. Manifestly, from the recitals in the application, it is an attempt to destroy by parol evidence the binding force of the bond by the addition of terms not contained in the instrument itself, as it recites the statements made by Odum and the deputy sheriff, and by the plaintiff in error to those parties, as being the
And in the case of Lewis v. Board of Commissioners, 70 Ga. 486, which was a suit upon a county treasurer’s bond, a surety upon the bond set up the defense that it was not to be binding unless signed by certain other named persons as sureties. It was held: “Where the bond of a county treasurer was absolute on its face, and it did not appear, either from it or any other writing prior or contemporaneous therewith, that it was left with the ordinary on condition, after breach of the bond by the principal the sureties could not set up by way of defense, and establish by parol, that when they signed the bond and left it in the hands of the officer authorized to receive it, they stated to him that they were not to be bound until other sureties, whom they named, had also signed.” Numerous other decisions to the same effect might be cited, but it is unnecessary. Many of them will be found collected and cited under the code section set forth above.
Judgment affirmed.