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AMERICAN SURETY COMPANY OF NEW YORK v. GARBER

42173, 42174.

114 Ga. App. 532 (1966)

151 S.E.2d 887

AMERICAN SURETY COMPANY OF NEW YORK v. GARBER; and vice versa.

Court of Appeals of Georgia.

Decided October 31, 1966.

Attorney(s) appearing for the Case

Smith, Ringel, Martin & Lowe, Hoke Smith, for appellant.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Louis Regenstein, Jr., Thomas E. Joiner, for appellee.

FRANKUM, Judge.

1. "Any change in the nature or terms of a contract is called a novation; such novation, without the consent of the surety, discharges him." Code § 103-202. Little Rock Furn. Co. v. Jones & Co., 13 Ga.App. 502 (1, 2) (79 SE 375); Alropa Corp. v. Snyder, 182 Ga. 305, 315 (3) (185 SE 352).

2. As applied to a promissory note "renewal" means the reestablishment of the particular obligation for an additional period...

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