Gilbert v. Cobb Exchange Bank

Gilbert v. Cobb Exch. Bank, 231 S.E.2d 508 (Ga. Ct. App. 1976)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: November 19, 1976
Docket: No. 52905
Judges: Bell, Clark, Stolz
Citations: 231 S.E.2d 508140 Ga. App. 5141976 Ga. App. LEXIS 1543

Cited by 7 3 descriptions by later courts

Opinion — Bell

Bell, Chief Judge.

This is a suit on a guaranty agreement. The trial court granted plaintiffs motion for directed verdict and a judgment was entered.

Plaintiffs evidence established that defendant’s son on July 31,1970 executed a promissory note to plaintiff in the amount of $3,100. The defendant executed an unconditional guaranty of payment of the note and of all extensions or renewals. On October 10,1971 the note was renewed but an additional $600 cash was added to the principal amount of the original. The defendant argued at trial and here that the addition of the $600 constituted a novation and was accomplished without his consent which operated to discharge him. A novation without the consent of the surety will discharge the surety under Code § 103-202. This statute has been held to apply to a contract of guaranty.

Little Rock Furniture Co. v. Jones & Co., 13 Ga. App. 502 ( 79 SE 375 ). Plaintiff contends that since the guaranty covered all renewals of the note, there was no discharge. While the guaranty did cover extensions or renewals, it could only apply to a renewal of the same obligation and not a new one. The guaranty very clearly guaranteed payment of "that certain note dated July 31, 1970 in the amount of $3,100.00 ... and all extensions or renewals thereof, . . .” and nothing else. The addition of the $600 to principal constituted a material change in the terms of the note. A novation resulted which discharged defendant.

The evidence demands a verdict for the defendant. The judgment of the trial court based on the grant of plaintiffs motion for a directed verdict is reversed. The *515 trial judge is directed to enter a judgment for the defendant.

Submitted October 7, 1976 Decided November 19, 1976.

Webb, Fowler & Tanner, T. Michael Tennant, for appellant.

Matey & Crowe, W. Christopher Bracken, for appellee.

Judgment reversed with direction.

Clark and Stolz, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

(second note was novation of first note where second note added $600 to the principal balance owed on the debt)

River Forest, Inc. v. Multibank 2009-1 RES-ADC Venture, LLC, 771 S.E.2d 126 (Ga. Ct. App. 2015)
(wherein an additional $600 was added to principal upon renewal of the note)

Columbia Nitrogen Corp. v. Mason, 320 S.E.2d 838 (Ga. Ct. App. 1984)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Sewell v. Akins249 S.E.2d 274 (Ga. Ct. App. 1978)
Roswell Properties LLC Ltd v. First American Services LLCNo. A25A0438 (Ga. Ct. App. June 27, 2025)
Brock Construction Co. v. Houston General Insurance243 S.E.2d 83 (Ga. Ct. App. 1978)
Columbia Nitrogen Corp. v. Mason320 S.E.2d 838 (Ga. Ct. App. 1984)
Thomas-Sears v. Morris628 S.E.2d 241 (Ga. Ct. App. 2006)
River Forest, Inc. v. Multibank 2009-1 RES-ADC Venture, LLC771 S.E.2d 126 (Ga. Ct. App. 2015)

Most recent

Roswell Properties LLC Ltd v. First American Services LLCNo. A25A0438 (Ga. Ct. App. June 27, 2025)
River Forest, Inc. v. Multibank 2009-1 RES-ADC Venture, LLC771 S.E.2d 126 (Ga. Ct. App. 2015)
Thomas-Sears v. Morris628 S.E.2d 241 (Ga. Ct. App. 2006)
Columbia Nitrogen Corp. v. Mason320 S.E.2d 838 (Ga. Ct. App. 1984)
Upshaw v. First State Bank260 S.E.2d 483 (Ga. 1979)
Sewell v. Akins249 S.E.2d 274 (Ga. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Little Rock Furniture Co. v. Jones & Co., 79 S.E. 375 (Ga. Ct. App. 1913)	11

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