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Wilson v. Baxley State Bank

Court of Appeals of Georgia
Sep 2, 1980
271 S.E.2d 655 (Ga. Ct. App. 1980)





Action on note. Appling Superior Court. Before Judge Knox.

M. Francis Stubbs, for appellants.

Robert Highsmith, for appellee.

Appellants J. B. and Edna Wilson (Wilson) executed an agreement with appellee Baxley State Bank (Bank) to guarantee any and all indebtedness of Wilson Mobile Homes. Wilson Mobile Homes defaulted on three notes to the Bank, the collateral on the notes being the mobile homes. Pursuant to the guarantee agreement the Bank sued appellants, and the trial court granted the Bank's motion for summary judgment. We affirm.

1. Appellants contend that the Bank unjustifiably impaired the collateral, thereby discharging them as guarantors under Code Ann. § 109A-3-606. The guarantee agreement provided that the "Bank is authorized to ... release collateral, substitute collateral ... without any notice to undersigned without affecting the liability of undersigned hereunder." Such a release operates as a waiver of the consenting party's right to claim his own discharge. Reeves v. Hunnicutt, 119 Ga. App. 806, 807 ( 168 S.E.2d 663) (1969); see also DeKalb County Bank v. Haldi, 146 Ga. App. 257 ( 246 S.E.2d 116) (1978). Summary judgment in favor of the Bank was correct on this issue.

2. Appellant argues that the amount of the judgment was incorrect since the Bank failed to prove the amount owed. However, the Bank submitted affidavits showing that the total amount owed was $19,040.96, which included principal plus interest. This amount was not challenged by appellants on the motion for summary judgment and the trial court was authorized to find that this was the amount owed after the Bank applied other collateral seized. See Sasser Co. v. Griffin, 133 Ga. App. 83, 85 ( 210 S.E.2d 34) (1974). Thus, appellants' contentions are without merit.

Judgment affirmed. Deen, C. J., and Birdsong, J., concur.


Summaries of

Wilson v. Baxley State Bank

Court of Appeals of Georgia
Sep 2, 1980
271 S.E.2d 655 (Ga. Ct. App. 1980)
Case details for

Wilson v. Baxley State Bank

Case Details

Full title:WILSON et al. v. BAXLEY STATE BANK

Court:Court of Appeals of Georgia

Date published: Sep 2, 1980


271 S.E.2d 655 (Ga. Ct. App. 1980)
155 Ga. App. 507

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