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NICHOLS v. MILLER

35364.

91 Ga. App. 99 (1954)

84 S.E.2d 841

NICHOLS, executrix, v. MILLER.

Court of Appeals of Georgia.

Decided November 16, 1954.

Attorney(s) appearing for the Case

Mixon & Chambers, R. H. Jones, for plaintiff in error.

Maurice Steinberg, contra.

FELTON, C. J.

The defendant in error concedes, and we think correctly so, that the words included in the indorsement of the note constitute an obligation to pay William Nichols the sum of $2,450. The only contention the defendant in error makes is that the obligation to pay the $450 sued for is secondary and not primary, for the reason that the undertaking of W. Howard Miller was not contemporaneous with that of Mrs. Eleanor...

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