Reynolds v. Starks
Court of Appeals of Georgia
Certiorari; from Chattooga superior court — Judge Wright, September 18, 1914. Two suits were brought in a justice’s court "against J. W. Reynolds and his wife, Mary E. Reynolds, on promissory notes signed by them jointly and payable to Mary E. Starks; Mrs. Reynolds pleaded that the notes were void as to herself, because given for a debt of her husband and not of herself. On appeal, the jury in the justice’s court in each case rendered a verdict adverse to her.
Read the full summary
Certiorari; from Chattooga superior court — Judge Wright, September 18, 1914. Two suits were brought in a justice’s court "against J. W. Reynolds and his wife, Mary E. Reynolds, on promissory notes signed by them jointly and payable to Mary E. Starks; Mrs. Reynolds pleaded that the notes were void as to herself, because given for a debt of her husband and not of herself. On appeal, the jury in the justice’s court in each case rendered a verdict adverse to her. The evidence in each case, in addition to the note sued on, as set out in the answer to the petition for certiorari, was as follows:…
1Opinion of the CourtBroyles, J.
1. While a wife can not legally become surety for her husband’s debt, yet where she and he jointly sign a promissory note for clothing, hats, etc., for herself and their children, he and she become joint debtors. There is no element of suretyship on the part of one for the other. The wife, in such a case, does not undertake to’ pay the debt of her husband; her undertaking is to pay her own debt, one which she has made her own by sharing in the consideration and by uniting in the joint contract to pay the whole sum. Schofield v. Jones, 85 Ga. 816, 824 (11 S. E. 1032); Waldrop v. Veal, 89 Ga.…
2Cases cited3 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Connerat v. GoldsmithSupreme Court of Georgia · 1849
- Waldrop v. VealSupreme Court of Georgia · 1892
3Cited by4 opinions
- Nabors v. Blanche Reeves Interiors, Inc.Court of Appeals of Georgia · 1976
- Smith v. Brown & Co.Court of Appeals of Georgia · 1915
- Department of Public Assistance v. Heinbaugh, Pennsylvania Court of Common Pleas, Fayette County1942
- Ezzard v. FowlerCourt of Appeals of Georgia · 1953