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O.C.G.A. § 10-7-49 — Payment pending action; judgment for plaintiff for use of surety | Georgia Code

O.C.G.A. § 10-7-49 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 3 RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS

10-7-49. Payment pending action; judgment for plaintiff for use of surety.

If the surety pays off the debt pending the action against the principal and himself or against the principal alone, such payment shall operate only to cause the action to proceed for the benefit of such surety; and the judgment may be entered in the name of the original plaintiff for the use of such surety.

(Ga. L. 1857, p. 111, § 1; Code 1863, § 2147; Code 1868, § 2142; Code 1873, § 2169; Code 1882, § 2169; Civil Code 1895, § 2988; Civil Code 1910, § 3560; Code 1933, § 103-310.)

JUDICIAL DECISIONS

Independent remedies provided surety.

- Former Civil Code 1910, §§ 3551, 3553, 3559 and 3560 were remedies to which the surety can resort for the surety's protection, independently of any voluntary action by the creditor. McMillan v. Heard Nat'l Bank, 19 Ga. App. 148, 91 S.E. 235 (1917).

RESEARCH REFERENCES

ALR.

- Right of building contractor's surety who completes contract to money earned by contractor but unpaid before default, 45 A.L.R. 379; 134 A.L.R. 738; 164 A.L.R. 613.

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