Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the judgment against the principal and the endorsers is joint or several, shall be entitled to control the judgment and execution founded thereon against the principal and all prior endorsers, in the same manner, upon the same proof, and under the same circumstances as provided in this article in the case of sureties; and, if such endorser shall collect the same from a prior endorser, the latter shall have the same control of the judgment or judgments against the principal or any endorser prior to him.
History. Laws 1839, Cobb’s 1851 Digest, p. 596; Laws 1845, Cobb’s 1851 Digest, p. 598; Laws 1850, Cobb’s 1851 Digest, p. 600; Ga. L. 1855-56, p. 227, § 1; Code 1863, § 2149; Code 1868, § 2144; Code 1873, § 2171; Code 1882, § 2171; Civil Code 1895, § 2990; Civil Code 1910, § 3562; Code 1933, § 103-312.
Cross references.
Order of liability of endorsers of commercial paper, § 11-3-414(2).
Structure Georgia Code
Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons
§ 10-7-40. Attachment Against Principal
§ 10-7-41. Action for Money Paid, Interest, and Costs — Right of Surety or Endorser
§ 10-7-42. Action for Money Paid, Interest, and Costs — Effect of Judgment Against Surety
§ 10-7-43. Action for Money Paid, Interest, and Costs — Recovery of Usury Paid by Surety
§ 10-7-44. Foreclosure of Mortgage or Enforcement of Security Given by Principal
§ 10-7-45. Proof of Suretyship — by Parol
§ 10-7-46. Proof of Suretyship — After Judgment
§ 10-7-47. Control of Execution and Judgment by Surety — Subrogation to Plaintiff’s Rights
§ 10-7-48. Control of Execution and Judgment by Surety — When Sued Separately
§ 10-7-49. Payment Pending Action; Judgment for Plaintiff for Use of Surety
§ 10-7-51. Compelling Contribution — Interest on Sum Recovered as Contribution
§ 10-7-53. Compelling Contribution — Controlling Action on Debt and Judgments Therein
§ 10-7-54. Endorser’s Right to Control Judgment on Debt and Execution Thereon
§ 10-7-55. Protection of Bona Fide Purchasers When Surety Controls Judgment
§ 10-7-56. Subrogation to Rights of Creditor — Priority of Claim
§ 10-7-57. Subrogation to Rights of Creditor — as to Securities Held by Creditor