Legal Opinion
Wilson Bros. v. Heard
Court of Appeals of Georgia
Decided February 23, 1933No. 22201PublishedCited by 6 opinions
1Opinion of the CourtStephens, J.
The only restriction upon the right of a married woman to contract is that she can not make herself liable to pay her husband’s debts, and “can not bind her separate estate by any contract of suretyship.” Civil Code (1910), §§ 2993, 3007. These restrictions should not be extended beyond their clear import. Since the law makes a distinction between a contract of suretyship and one of guaranty (Civil Code, § 3538), and this difference in the two contracts is often very material to a determination of the rights of the parties — as, for instance, whether two defendants are joint obligors, and…
2Cases cited4 opinions
- National Bank v. SmithSupreme Court of Georgia · 1914
- Thompson v. WilkinsonCourt of Appeals of Georgia · 1911
- Freeman v. Coleman, Ray & Co.Supreme Court of Georgia · 1891
- Finch v. BarclaySupreme Court of Georgia · 1891
3Cited by6 opinions
- General Finance Corp. v. WelbornCourt of Appeals of Georgia · 1958
- Parker v. PuckettCourt of Appeals of Georgia · 1973
- Rankin v. SmithCourt of Appeals of Georgia · 1966
- National Acceptance Co. v. Fulton National BankCourt of Appeals of Georgia · 1966
- Phillip McCallum as Administrator of Small Business Administration and United States of America v. Mrs. Burma S. GriffinCourt of Appeals for the Fifth Circuit · 1961
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