Fruehauf Corporation v. Elizabeth S. McIntire

DYER, Circuit Judge:

The sole issue presented by this appeal is whether an agreement signed by Elizabeth Mclntire, a married woman, was one of suretyship which under Georgia law could not bind her separate estate. Indeed it was. We affirm the summary judgment in her favor. 1

On December 3, 1963, the Fruehauf Corporation entered into a loan agreement with General Transport Company, the loan being secured by a chattel mortgage on certain General Transport hauling equipment. On December 4, 1963, Mrs. Mclntire signed an instrument executed the preceding day by her husband James Mclntire, which…