Central Bank Trust Company v. Price

Full title: CENTRAL BANK TRUST COMPANY v. PRICE

Court: Court of Appeals of Georgia

Date published: Oct 23, 1975

221 S.E.2d 71 (Ga. Ct. App. 1975)

221 S.E.2d 71

Opinion

51253.

ARGUED OCTOBER 6, 1975.

DECIDED OCTOBER 23, 1975.

Action on note. Gwinnett State Court. Before Judge Cheeley.

Ragsdale Estes, Andrew W. Estes, for appellant.

Gershon, Rudin, Pindar Olim, Max Olim, for appellee.

WEBB, Judge.

1. This is an action against the guarantor of a promissory note. Pursuant to Code § 103-205, the guarantor had notified the creditor in writing to proceed to collect the debt from the principals, setting forth their county of residence. The creditor failed to commence an action against them within three months after the notification, resulting in the discharge of the guarantor. Code § 103-205. Accordingly the lower court did not err in granting his motion for summary judgment.

2. Remaining contentions need not be passed upon.

Judgment affirmed. Bell, C. J., and Marshall, J., concur.

ARGUED OCTOBER 6, 1975 — DECIDED OCTOBER 23, 1975.