Bennett v. Danforth

1. Where a married woman signs a note ostensibly as a maker jointly with her husband, when in fact she is a surety only, before she, can establish the fact of her suretyship as against the payee of the note it must be made to appear, despite her apparent relationship as principal, that the payee, with knowledge of the facts which would constitute her a surety, contracted with her as a surety. Civil Code (1910), § 3556. Hall v. Rogers, 114 Ga. 357 (40 S. E. 250).

2. Since a wife may borrow money upon her own account and give it to her husband, and since she may constitute him her agent to…