Code Sections 10-7-20 through 10-7-26 shall be superseded to the extent of any conflict by the provisions of Article 3 of Title 11, the "Uniform Commercial Code - Negotiable Instruments," relating to the discharge of any party to a negotiable instrument.
(Ga. L. 1997, p. 143, § 10.)
Cross references.- Discharge of party to commercial paper, § 11-3-601 et seq.
JUDICIAL DECISIONS
Current law on discharge of parties to instruments.
- Law governing discharge of sureties and other parties on instruments is currently governed by the Uniform Commercial Code provisions cited in Ga. L. 1962, pp. 156, 276 (see now O.C.G.A. § 11-3-601). Christian v. Atlanta Army Depot Fed. Credit Union, 151 Ga. App. 403, 260 S.E.2d 533 (1979).
Security for negotiable instruments.
- Some decisions of the Court of Appeals have applied the law to contracts of surety or guaranty securing obligations evidenced by instruments which were almost certainly negotiable instruments without reference to the Uniform Commercial Code. Sewell v. Akins, 147 Ga. App. 454, 249 S.E.2d 274 (1978).
Construction with UCC.
- Commercial paper chapter of the Uniform Commercial Code controls in cases based on negotiable instruments. The law providing for the discharge of a surety or guarantor of a simple contract for the payment of money applies equally to a surety or guarantor of negotiable instruments. Sewell v. Atkins, 147 Ga. App. 454, 249 S.E.2d 274 (1978).