53 Ga. App. 342 | Ga. Ct. App. | 1936
This was a suit on a promissory note signed by H. W. Anderson and L. J. Parkerson. Anderson filed no defense. Parkerson admitted a prima facie case for the plaintiff, and assumed the burden of proof. He pleaded as a defense that he had signed the note as surety for Anderson, the maker, that the plaintiff knew he signed as surety only, and that he was induced so to sign by certain misrepresentations of J. H. Hardin, agent and manager of the plaintiff corporation, which increased his risk so materially as to discharge him from liability on his contract of suretyship. The material parts of his testimony are substantially as follows: Hardin came to the store where I was employed, and stated to me that Anderson was indebted to the plaintiff corporation on an open account, and asked me tó sign as surety on Anderson’s note for the amount due, and presented a note in the form of a chattel mortgage which was filled out and signed by Anderson as maker. The mortgage covered two mules which I knew were in Anderson’s possession, as he was farming on my place in Dodge County, Georgia. Hardin stated to me that Anderson had given to him a mortgage on the mules, that they were owned by Anderson, were free of all liens, and were of sufficient value to save me from any loss in the event that Anderson failed to pay the debt, and that the mortgage was a first mortgage on the mules. I told him I would not sign the note as surety if the mortgage was not a first mortgage on the mules. He assured me that it was a first mortgage, but that to be certain about it he would go himself to the court-house and examine the records and see me again. He returned the next day and said he had examined the records at the court-house, and that the mortgage was a first mortgage on the two mules, and that they were free of all other liens. “I was very busy in the store, and, believing that Mr.
The uncontradicted testimony of the defendant shows that he
Judgment affirmed.