Staples v. City Bank & Trust Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by the City Bank & Trust Company against Dora D. Staples. From a judgment for plaintiff, defendant appeals. The action is on a promissory note, and the defense set up is that the note was given to plaintiff bank as a security for the debt of defendant’s husband (now deceased) in violation of the statute. The note is for $2,500, and is indorsed on its back by N. A. Staples, husband of defendant.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by the City Bank & Trust Company against Dora D. Staples. From a judgment for plaintiff, defendant appeals. The action is on a promissory note, and the defense set up is that the note was given to plaintiff bank as a security for the debt of defendant’s husband (now deceased) in violation of the statute. The note is for $2,500, and is indorsed on its back by N. A. Staples, husband of defendant. It was given in renewal of a previous note for the same sum and between the same parties. When the first note for $2,500…
1Opinion of the Court
SOMERVILLE, J. —(1) This case is ruled by the principles declared by this court in the recent case of Lawkin v. Lowell, 176 Ala. 334, 339, 58 South. 258. In that case it was settled, upon a very full consideration of the subject, that when a wife borrows money from her husband’s creditor, and hands it back to him in payment of her husband’s debt, although she becomes nominally the principal debtor upon a new obligation, she is nevertheless, within the true meaning of the statute (Code, § 4497), a surety for her husband’s debt, and not bound by her obligation to pay it.
A fundamental…
2Cases cited1 opinion
- Lamkin v. LovellSupreme Court of Alabama · 1912
3Cited by22 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Lester v. JacobsSupreme Court of Alabama · 1925
- Hayden v. SmithSupreme Court of Alabama · 1927
- Rollings v. GunterSupreme Court of Alabama · 1924
- Van Derslice v. Merchants' BankSupreme Court of Alabama · 1925
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