GA Code § 10-7-22 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 7 - Suretyship|Article 2 - Relative Rights of Creditor and Surety|§ 10-7-22. Discharge of Surety by Increase of Risk

 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.   (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.)   Law reviews.   - 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)   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Acts Discharging Surety    OPINIONS OF THE ATTORNEY GENERAL   Effect of failure to give notice of principal's default.   - Unless the creditor or trustee grants an indulgence based upon a consideration paid by a warehouseman or unless the bond specifies that immediate notice of any known breach by the warehouseman be given, failure of the Commissioner of Agriculture as trustee for the obligees to give such notice will not release the surety. 1967 Op. Att'y Gen. No. 67-423.   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Suretyship, § 33 et seq.   C.J.S.   - 72 C.J.S., Principal and Surety, §§ 107, 113.   ALR.    - Agreement by principal to pay compound or additional interest, as releasing surety, 2 A.L.R. 1569.    Consenting to continuance or extension of time in action as releasing surety, 7 A.L.R. 376.    Release of payee from warranty constituting a part of the consideration for a note as releasing a surety, 7 A.L.R. 1605.    Acceptance of interest in advance as consideration for, or evidence of, an extension of time which will release a guarantor, surety, or endorser, 59 A.L.R. 988.    Guaranty of commercial credit of dealer as affected by latter's change of location or field of operation, 89 A.L.R. 651.    Lessee as surety for rent after assignment, and effect of lessor's dealings (other than consent to assignment or mere acceptance of rent from assignee) to release lessee, 99 A.L.R. 1238.    Guaranty as covering renewals, after revocation, of claims within coverage at time of revocation, 100 A.L.R. 1236.    Effect of silence of surety or endorser after knowledge or notice of facts relied upon as releasing him, 101 A.L.R. 1310.    Failure of accommodation maker or endorser to disaffirm transaction, or his continued recognition of note after learning of its use for purpose other than intended, as ratification, or estoppel to assert, the diversion, 105 A.L.R. 437.    Construction and application of provision of guaranty or surety contract against release or discharge of guarantor by extension of time or alteration of contract, 117 A.L.R. 964.    Payments or advancements to building contractor by obligee as affecting rights as between obligee and surety on contractor's bond, 127 A.L.R. 10.    Creditor's reservation of rights against surety in releasing or extending time to principal debtor, 139 A.L.R. 85.   Discharge of accommodation maker or surety by release of mortgage or other security given for note, 2 A.L.R.2d 260.   Right to join principal debtor and guarantor as parties defendant, 53 A.L.R.2d 522.   Extension of net credit in excess of specified amount as discharging or releasing guarantor, 57 A.L.R.2d 1209.   Guarantor of nonnegotiable obligation as released by creditor's acceptance of debtor's note or other paper payable at an extended date, 74 A.L.R.2d 734.   Change in name, location, composition, or structure of obligor commercial enterprise subsequent to execution of guaranty or surety agreement as affecting liability of guarantor or surety to the obligee, 69 A.L.R.3d 567.