Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk or exposes him to greater liability shall discharge him; a mere failure by the creditor to sue as soon as the law allows or neglect to prosecute with vigor his legal remedies, unless for a consideration, shall not release the surety.
History. Orig. Code 1863, § 2131; Code 1868, § 2126; Code 1873, § 2154; Code 1882, § 2154; Civil Code 1895, § 2972; Civil Code 1910, § 3544; Code 1933, § 103-203.
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For article, “Georgia Law Needs Clarification: Does it Take Willful or Wanton Misconduct to Defeat a Contractual ‘Exculpatory’ Clause, or Will Gross Negligence Suffice,” see 19 Ga. St. B. J. 10 (Feb. 2014).