Baxter v. Bank of Grantville

1. Assuming that where a wife is sued upon a note on which she is surety for her husband and on which she is not liable under the Civil Code (1910), § 3007, a note given by her and accepted in settlement of the pending litigation is a valid and binding obligation by her (Thornton v. Lemon, 114 Ga. 155, 39 S. E. 943), yet where the execution by a wife of a settlement agreement and a note in settlement, which manifestly constituted a benefit to the creditor by giving him a valid and binding obligation on an otherwise uncollectible debt, was procured by the creditor through the instrumentality…