Bedingfield v. Lamb

Citation91 S.E. 793,19 Ga.App. 486
Decision Date16 March 1917
Docket Number7845.
PartiesBEDINGFIELD v. LAMB.
CourtGeorgia Court of Appeals

Syllabus by the Court.

A promise to answer for the debt of another must be in writing, in order to bind the promisor. Civ. Code 1910, § 3222. This case falls squarely within the rule laid down in Harris v. Paulk, 10 Ga.App. 334, 73 S.E. 430, and Foote v. Reece, 17 Ga.App. 799, 88 S.E. 689, and is distinguished by the facts from the cases of Evans v. Griffin, 1 Ga.App. 327, 57 S.E. 921, and Palmetto Manufacturing Co. v. Parker, 123 Ga. 798, 51 S.E. 714, and Ferst Sons & Co. v. Bank of Waycross, 111 Ga. 229, 36 S.E. 773. Under the facts the court did not err in sustaining the certiorari.

Error from Superior Court, Emanuel County; R. N. Hardeman, Judge.

Action between Mrs. W. E. Bedingfield and A. J. Lamb. Judgment for the latter, and the former brings error. Affirmed.

T. N. Brown, of Swainsboro, for plaintiff in error.

I. L. Price and Saffold & Jordan, all of Swainsboro, for defendant in error.

LUKE, J.

Judgment affirmed.

WADE, C.J., and GEORGE, J., concur.

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6 cases
  • Butler v. Godley
    • United States
    • Georgia Court of Appeals
    • September 5, 1935
    ... ... Code 1933, § 20-401, subd. 2; Few v. Hilsman, 18 ... Ga.App. 207, 89 S.E. 79; Bedingfield v. Lamb, 19 ... Ga.App. 486, 91 S.E. 793. In order to bind the promisor, the ... written promise of one who undertakes to pay the debt of ... ...
  • Butler v. Godley
    • United States
    • Georgia Court of Appeals
    • September 5, 1935
    ...or some person by him lawfully authorized. Code 1933, § 20-401, subd. 2; Few v. Hilsman, 18 Ga. App. 207, 89 S. E. 79; Beding-field v. Lamb, 19 Ga. App. 486, 91 S. E. 793. In order to bind the promisor, the written promise of one who undertakes to pay the debt of another must contain a clea......
  • Graham v. Nash Loan Co
    • United States
    • Georgia Court of Appeals
    • July 19, 1935
  • Scheuer Bros. & Co v. Hushinsky, (No. 18307.)
    • United States
    • Georgia Court of Appeals
    • November 15, 1927
    ...court erred in overruling so much of the demurrer to the plea as invoked the statute of frauds. In this connection see Bedingfield v. Lamb, 19 Ga. App. 486, 91 S. E. 793, and cases cited. Judgment reversed. BROYLES, C. J., and BLOODWORTH, j., ...
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