109 Ga. 197 | Ga. | 1899
This was an action upon a promissory note by Bloodworth & Company against J. T. Green and J. J. Hudgins, Green filed no defense. Hudgins set up the following defenses t (1) that since the date of the note sued ou the plaintiffs had delivered up the note to defendant Green and had taken another note from Green, thereby discharging him (Hudgins) from all liability; (2) that since the giving of the second note just referred to, plaintiffs and Green had entered into an agreement by which Green was discharged from all liability, and thereby he ( Hudgins) was also discharged; (3) that he signed the note as surety only, and that his risk as such had been increased because the payees had, without his knowledge or consent, released a mortgage lien embraced in the note upon the property therein described, and had taken instead of the note and in settlement thereof a new note not signed by Hudgins, which embraced a mortgage on other property. There was a verdict for the plaintiffs, and Hudgins’s motion for a new trial having been overruled, he excepted. The following brief discussion will dispose of the material questions raised in the case.
Judgment reversed.