25 Ga. App. 657 | Ga. Ct. App. | 1920
1. Hollowing the ruling of this court in Watkins Medical Co. v. Marbach, 20 Ga. App. 691 (93 S. E. 270), the contract sued on is one of suretyship and not of guaranty; and the petition, joining the principal and sureties as defendants, was not subject to demurrer upon the ground of a misjoinder of parties defendant.
2. The obligation sued on being joint and several, the suit properly proceeded against one of the sureties after having failed as to the principal and the other surety. McMillan v. Heard National Bank, 19 Ga. App. 148 (91 S. E. 235); Civil Code (1910), § 3559.
3. Where a witness testifies that he is familiar with the handwriting of a party, a written instrument is admissible in evidence as to the handwriting of such party upon proof by the witness that it is genuine. Civil Code (1910), § 5835.
4. Certain writings which the defendant admitted to be in his handwriting were properly admitted in evidence for the purpose of comparison with the disputed handwriting, without further proof of execution. Civil Code (1910), § 5836.
5. The court did not err, as complained of in the fourth, fifth, and sixth grounds of the amendment to the motion for new trial, in rejecting certain testimony; as the same was irrelevant and immaterial.
6. In a suit against a surety upon a written contract which purports to be signed by the defendant and another person as cosurety, whose signatures are attested by different persons as witnesses, where there is an issue formed on a plea of non est factum filed by one of the alleged sureties, evidence that the signature of the other surety was a forgery is irrelevant and immaterial to the issue, and is properly excluded when it does not appear that the signatures of both the alleged sureties were attached to the contract at the same time or under circumstances indicating that the signatures were attached as part of one transaction.
■Judgment affirmed.