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KRUPP v. TAYLOR ENTERPRISES

56821.

148 Ga. App. 440 (1978)

251 S.E.2d 364

KRUPP et al. v. TAYLOR ENTERPRISES, INC.

Court of Appeals of Georgia.

Decided December 1, 1978.

Rehearing Denied December 14, 1978.

Attorney(s) appearing for the Case

Nall & Miller, Gerald A. Friedlander, for appellants.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Roderick C. Dennehy, Jr., George B. Haley, for appellee.

DEEN, Presiding Judge.

1. "When by agreement, the surety's obligation is conditioned upon the creditor's enforcement of security, the surety may be discharged by creditor's failure to uphold the surety agreement... However, when no such agreement is found, the courts have not conditioned the creditor's right of recovery from the surety on his first using any security he may have to satisfy or reduce his claim." Trust &c. Co. v. First Ga. Bank,

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