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2018 Georgia Code 10-7-27 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-7-27 Case Law from Google Scholar Amendments to OCGA 10-7-27

TITLE 10 COMMERCE AND TRADE

Section 7. Suretyship, 10-7-1 through 10-7-57.

ARTICLE 2 RELATIVE RIGHTS OF CREDITOR AND SURETY

10-7-27. Provisions of Uniform Commercial Code to control.

Code Sections 10-7-20 through 10-7-26 shall be superseded to the extent of any conflict by the provisions of Article 3 of Title 11, the "Uniform Commercial Code - Negotiable Instruments," relating to the discharge of any party to a negotiable instrument.

(Ga. L. 1997, p. 143, § 10.)

Cross references.

- Discharge of party to commercial paper, § 11-3-601 et seq.

JUDICIAL DECISIONS

Current law on discharge of parties to instruments.

- Law governing discharge of sureties and other parties on instruments is currently governed by the Uniform Commercial Code provisions cited in Ga. L. 1962, pp. 156, 276 (see now O.C.G.A. § 11-3-601). Christian v. Atlanta Army Depot Fed. Credit Union, 151 Ga. App. 403, 260 S.E.2d 533 (1979).

Security for negotiable instruments.

- Some decisions of the Court of Appeals have applied the law to contracts of surety or guaranty securing obligations evidenced by instruments which were almost certainly negotiable instruments without reference to the Uniform Commercial Code. Sewell v. Akins, 147 Ga. App. 454, 249 S.E.2d 274 (1978).

Construction with UCC.

- Commercial paper chapter of the Uniform Commercial Code controls in cases based on negotiable instruments. The law providing for the discharge of a surety or guarantor of a simple contract for the payment of money applies equally to a surety or guarantor of negotiable instruments. Sewell v. Atkins, 147 Ga. App. 454, 249 S.E.2d 274 (1978).

Cases Citing Georgia Code 10-7-27 From Courtlistener.com

Total Results: 1

York v. RES-GA LJY, LLC

Court: Supreme Court of Georgia | Date Filed: 2017-04-17

Citation: 300 Ga. 869, 799 S.E.2d 235, 2017 WL 1375107, 2017 Ga. LEXIS 229

Snippet: statutory defenses codified at OCGA §§ 10-7-20 to 10-7-27 and OCGA § 11-3-605 (c)-(f). It is true that these