JAM BONDING Co. v. State of Georgia, 345 S.E.2d 87 (Ga. Ct. App. 1986). · Go Syfert
JAM BONDING Co. v. State of Georgia, 345 S.E.2d 87 (Ga. Ct. App. 1986). Cases Citing This Book View Copy Cite
10 citation events across 1 distinct court.
Strongest positive: Osborne Bonding & Surety Co. v. State (gactapp, 1997-02-12)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Osborne Bonding & Surety Co. v. State
Ga. Ct. App. · 1997 · confidence medium
We must also consider that “[r]ecognizances are construed strictly in favor of the surety.” JAM Bonding Co. v. State of Ga., 179 Ga. App. 82, 83 ( 345 SE2d 87 ) (1986).
discussed Cited as authority (rule) Osborne Bonding Co. v. Harris
Ga. Ct. App. · 1987 · confidence medium
Moreover, “[a] bond contract may be valid even though it is signed in blank, where the terms are agreed upon but left to be filled in at a future time. [Cits.]” Jam Bonding Co. v. State of Ga., 179 Ga. App. 82, 83 ( 345 SE2d 87 ) (1986). *766 Decided July 7, 1987 Rehearing denied July 22, 1987 T.
examined Cited "see" Continental Insurance v. Gazaway (4×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See generally Jam Bonding Co. v. State of Ga., 179 Ga. App. 82, 83 ( 345 SE2d 87 ) (1986). 1 The equal dignity rule, codified in OCGA § 10-6-2, provides that where the act to be performed by the agent must be executed with certain formalities, the creation of the agency must be executed with those same formalities.
discussed Cited "see, e.g." Charles S. Martin Distributing Co. v. Bernhardt Furniture Co. (2×)
Ga. Ct. App. · 1994 · signal: see also · confidence medium
However, “[t]he statute of frauds does not require that all the terms of the contract should be agreed to or written down at one and the same time, nor on one piece of paper; but where the memorandum or the bargain is found on separate pieces of paper, and where these papers contain the whole bargain, they form together such a memorandum as will satisfy the statute, provided the contents of the signed paper make such references to the other written paper or papers as to enable the court to construe the whole of them together as containing all the terms of the bargain.” (Citations and punct…
Retrieving the full opinion text from the archive…
JAM BONDING COMPANY
v.
STATE OF GEORGIA (Four Cases)
71971, 71972, 71973, 71974.
Court of Appeals of Georgia.
Apr 23, 1986.
345 S.E.2d 87
Steven E. Lister, for appellant., Robert E. Keller, District Attorney, Todd E. Naugle, Assistant District Attorney, for appellee.
Carley, McMurray, Pope.
Cited by 5 opinions  |  Published
Carley, Judge.

Appellant JAM Bonding Company is the surety on the bonds of four defendants who were charged with specified crimes. At the time the bonds were issued, the spaces in the bond contracts for the return date were filled in “TO BE NOTIFIED.” Further down on the face of the bonds was printed the following: “In addition to all other requirements of the foregoing, we, principal and security. agree that the above bond and recognizance is conditioned also upon the appearance of the principal before the Court at the time fixed for his arraignment[*83] as required under official CODE OF GEORGIA SEC. 17-7-91 and 17-6- 17.” When the principals failed to appear at their scheduled arraignments, rules nisi issued. At the hearings thereon, judgments were rendered adverse to appellant, who now appeals.

Under OCGA § 17-6-17, appearance bonds or recognizances must be conditioned upon the accused presenting himself before the court “at the time fixed for his arraignment.” Appellant contends that the absence of a date and a time certain on the instant bond contracts is a fatal deficiency and that appellant is not, therefore, bound by them.

Recognizances are construed strictly in favor of the surety. As contracts required to be in writing, they must stand or fall as written, and parol evidence is inadmissible to supply defects. Nicholson v. State, 2 Ga. 363 (2) (1847); Gunsallus v. Busbee, 149 Ga. App. 109 (253 SE2d 470) (1979); Hardwick v. Shahan, 30 Ga. App. 526 (3) (118 SE 575) (1923). To satisfy the Statute of Frauds, “the writing relied upon must ‘either in itself or in connection with other writings identify the . . . subject of the promise, without the aid of parol evidence.’ [Cit.]” (Emphasis supplied.) Caldwell v. Rogers, 140 Ga. App. 231, 232 (230 SE2d 368) (1976). “If the undertaking sueid upon refers to another writing which can be identified by reference, then the two writings may constitute a compliance with the Statute of Frauds.” Module Mobile v. Fulton Nat. Bank, 150 Ga. App. 808, 810 (258 SE2d 614) (1979). The instant bond contracts, which specify appearance “at the time fixed” for arraignment, incorporate by reference the provision for written notice of arraignment, required by OCGA § 17-7- 91 (a) to be mailed to the accused, his attorney and his surety at least three days prior to arraignment. The fact that the actual notices had not yet been written and that the specific times of arraignment were unknown at the time the contracts were made does not seem to render those contracts fatally incomplete. A bond contract may be valid even though it is signed in blank, where the terms are agreed upon but left to be filled in at a future time. Brown v. Colquitt, 73 Ga. 59 (1884). Compare Hardwick v. Shahan, supra at 526 (2). Cf. Cassville-White Assoc. v. Bartow Assoc., 150 Ga. App. 561, 564 (3a), 565 (4) (258 SE2d 175) (1979), in which the time for performance in a contract for the sale of land is specified as “when called upon by purchaser” was held certain and definite.

There is no contention that written notices of the dates of arraignment were not mailed and received, only that the lack of a specific date of arraignment on the face of the contracts is fatal to their validity and enforceability. The bond contracts not being fatally deficient, the superior court did not err in entering judgments against appellant.

Judgments affirmed.

McMurray, P. J., and Pope, J., concur. [*84] Decided April 23, 1986 Rehearing denied May 13, 1986 Steven E. Lister, for appellant. Robert E. Keller, District Attorney, Todd E. Naugle, Assistant District Attorney, for appellee.