49 Ga. App. 339 | Ga. Ct. App. | 1934
The Civil Code (1910), § 3546, provides: “Any surety, guarantor, or indorser, at any time after the debt on which he is liable becomes due, may give notice in writing to the creditor, or his agent, or any person having possession or control of the obligation, to proceed to collect the same out of the principal, or any one of the several principals liable therefor; and if the creditor or holder refuses or fails to commence an action for the space of three months after such notice (the principal being within the jurisdiction of this State), the indorser, guarantor, or surety giving the notice, as well as all subsequent indorsers and all cosureties, shall be discharged. No notice shall be considered a compliance with the requirements of this section which does not state the county of the principal’s residence;” and while it has been held that oral notice, or written notice that does not state the county of the principal’s residence, is not a sufficient compliance with the above section (Johnson v. Longley, 142 Ga. 814, 83 S. E. 952; Timmons v. Butler, 138 Ga. 69, 74 S. E. 784; Smith v. Morris Fertilizer Co., 18 Ga. App. 217, 89 S. E. 174; Seckinger v. Exchange Bank of Springfield, 38 Ga. App. 667, 145 S. E. 94; Bowen v. Mobley, 40 Ga. App. 833, 151 S. E. 667),
Judgment revei'sed.