Kelley v. Waters

E. E. Waters brought suit against Mattie W. Kelley as principal, and C. B. Kelley, her husband, as surety, on three promissory notes in the total sum of $5000, plus interest and attorney’s fees. C. B. Kelley filed no answer, and judgment by default was rendered against him. Mattie W. Kelley answered, admitting the execution and delivery of the notes, but denying liability thereon, alleging that while she signed the notes apparently as principal she was in fact surety for her husband; that he arranged with the plaintiff to borrow the money for himself for use in his own business; that the…