144 Ga. 367 | Ga. | 1915
(After stating the foregoing facts.) A question quite similar to that here involved recently received consideration in Ciark v. Macon Telegraph Publishing Co., 143 Ca. 278, 281 (84 S. E. 577). The diversity in the views of the courts on the
In Lewis v. Board of Commissioners, 70 Ga. 486, where the bond of a county treasurer was absolute on its face, and it did not appear, either from it or from any other writing prior to or contemporaneous therewith, that it was left with the ordinary on the condi-' tion and understanding that- it was not to be then delivered or considered as accepted by him until certain other sureties should sign it, which was never done, but the principal obtained his commission as county treasurer, and received the public revenue, for which he failed to account, it was held that the sureties could not set up by way.of defense that they had left the bond in the hands of the officer authorized to receive it upon such a condition; and that the ordinary had no authority to agree thereto.
In Mathis v. Morgan, 72 Ga. 517 (53 Am. R. 847), the facts
In Brown v. Colquitt, 73 Ga. 59 (54 Am. R. 867), where several criminal recognizances were to be given, and the same surety agreed to sign all of them and did so, some of them being filled out at the time, and some of them having the name of the obligee and the amount blank, and the surety instructed the sheriff to fill such blanks, knowing the amount and the obligee, and thereupon left, and the blanks were filled accordingly, and the instruments were acted on by the sheriff as being proper recognizances, it was held that such a bond was binding on the surety. Mr. Justice Bland-ford, who delivered the opinion, referring to the plea of the surety which set up that the bond was not binding upon him because it was thus executed, said: “Under the facts of this case, to allow his plea would be to allow him to perpetrate a fraud on the pub-lie.”
In the case at bar the answer of the surety to the scire facias showed, that the other surety to the bond represented to him that it was to be a bond “for the release of the principal;” that he signed it at the instance of his cosurety for that purpose, it being at that time merely a blank form of bond with no other signatures; that he is informed that the bond signed by the principal, the other surety, and himself was tendered to the deputy sheriff, and was rejected because the sureties then signing it were not satisfactory ; that the cosurety of the plaintiff in error procured another
We will not discuss the eases which have arisen under the addition' of a surety to a promissory note before or after its delivery, but confine ourselves to the case in hand.
Judgment affirmed.