6 Ga. App. 762 | Ga. Ct. App. | 1909
Sheffield sued Whitfield and Sloan on the following writing: “S. Sheffield, dealer in portrait and picture frames, Shellman, Ga. Should W. H. Hancock order goods of you at one or several times within the next twelve months from the date of this letter of credit, we jointly and severally request that you ship such goods to his order, allowing a credit of thirty days from date of shipment; and if said W. H. Hancock shall fail to pay for such goods within thirty days after date of shipment, we agree to pay for such goods at the price you charged him for same, provided our responsibility shall not exceed two hundred and fifty ($250) dollars. We waive all notice to us of shipment made to said W. H. Hancock on the faith of this letter of credit, as well as notice that he failed to pay for such goods; and in case the collection of the amount due to you by virtue of the credit you extend to said W. H. Hancock by virtue of this letter of credit is enforced by suit, we agree to pay all court costs and attorney’s fees, and the attorney’s fees may be included with the judgment. We represent that we are worth not less than fifteen hundred dollars each.” The petition alleged, that within less than twelve months after the letter was received by Sheffield, he, on the faith thereof, shipped to Hancock various amounts of goods on credit, and that Hancock defaulted in payment to the extent of. $255.90; that Hancock resided without the State; that he was insolvent, and that payment of the balance due had been demanded of him
It should be remembered that the duty resting upon the creditor to notify the guarantor within a reasonable time of the default of the principal debtor or of the shipment of the goods was expressly waived in this case. The case was not dismissed on this ground, but on the ground that the creditor had not notified the guarantors