Opinion

Escambia Chemical Corp. v. Rocker

  • 124 Ga. App. 434
  • 184 S.E.2d 31
  • 1971 Ga. App. LEXIS 955
Court
Court of Appeals of Georgia
Filed
Sep 10, 1971
Status
Published
Author
Whitman
On the bench
Eberhardt, Bell, Jordan, Hall, Pannell, Deen, Quillian, Evans, Whitman
Cited by
31 cases

The opinion

Whitman, Judge,

concurring specially. I concur in the opinion in this case, affirming in part and reversing in part the judgment in the court below. I regard the instrument of guaranty, characterized as such, as a contract of suretyship. I do not regard the opinion as dealing with or ruling on any question of the right of defendant J. F. Hattaway to contend or plead specifically by way of defense any question as to the construction or coverage of the contract or that the contract, if there is such a contract, has relation only to the alleged indebtedness of defendant Edwin D. Rocker to plaintiff Escambia Chemical Corporation. The written *442 "Guaranty of Credit” appears thereby to have been executed "in order to induce it (plaintiff) to extend credit to or otherwise to become the creditor of Edwin D. Rocker, d/b/a J. F. Hattaway Company, a corporation,” etc. The answer of Hattaway admitted jurisdiction but denied all other allegations of the complaint. The complaint alleged indebtedness by the defendants Rocker and Hattaway Gin & Warehouse, Inc., and that Hattaway was indebted to plaintiff by virtue of the contract of guaranty guaranteeing the debt of the other named defendants. The answer did not specifically raise any question as to the construction or coverage of the contract or that the contract, if there is such a contract, relates solely to an indebtnness of the defendant Rocker, this allegation appearing only in the motion to set aside and revise the default judgment against Rocker and Hattaway Gin & Warehouse, Inc. In the default judgment the lower court expressly reserved the question of the liability of Hattaway to be determined by further proceedings in the- case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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