If by an act of the creditor the surety is discharged and in ignorance of the fact of the discharge the surety promises to pay, the promise shall not be binding.
History. Orig. Code 1863, § 2136; Code 1868, § 2131; Code 1873, § 2158; Code 1882, § 2158; Civil Code 1895, § 2976; Civil Code 1910, § 3548; Code 1933, § 103-207.
Structure Georgia Code
Article 2 - Relative Rights of Creditor and Surety
§ 10-7-20. Effect of Release of or Compounding With Surety
§ 10-7-21. “Novation” Defined; Effect on Surety’s Liability
§ 10-7-22. Discharge of Surety by Increase of Risk
§ 10-7-24. Refusal to Sue Principal After Notice by Surety as Discharge
§ 10-7-25. Extending Liability
§ 10-7-26. Promise to Pay in Ignorance of Discharge
§ 10-7-27. Provisions of Uniform Commercial Code to Control
§ 10-7-28. Process Sued Out and Judgment Entered Against Surety as Such
§ 10-7-29. Judgment Against Principal and Surety at Same Time
§ 10-7-30. Bad Faith Refusal of Corporate Surety to Perform Suretyship Contract