Hall v. Worley
Supreme Court of Georgia
Complaint on note. Before Judge Reese. Elbert superior court. September term, 1895. J. N. Hall sued the administrator of Mrs. E. 0. Hanes, deceased, upon a promissory note for $1,210 “for purchase money of land,” dated February 9, 1889, due December 25, 1889, and signed by E. C. TIanes and 0. 0. Hanes.
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Complaint on note. Before Judge Reese. Elbert superior court. September term, 1895. J. N. Hall sued the administrator of Mrs. E. 0. Hanes, deceased, upon a promissory note for $1,210 “for purchase money of land,” dated February 9, 1889, due December 25, 1889, and signed by E. C. TIanes and 0. 0. Hanes. Defendant pleaded, tbat Mrs. E. 0. Hanes signed tbe note as security for 0. 0. Hanes, who was her husband, and tbat tbe consideration of tibe note was money borrowed by 0. 0. Hanes, and there was no consideration moving or justifying tbe signature of E. 0. Hanes thereto, save tbe suretyship for…
1Opinion of the CourtAtkinson, J.
The action being against the administrator of a married woman upon a promissory note signed by herself and her ¡husband, the defense to which was that she signed as surety only, and the evidence being conflicting as to whether in executing the note she contracted as a surety or as a principal in her own name and right, it was error to direct a verdict for the defendant. Judgment reversad.
Tbe court ruled out the testimony of plaintiff, and directed a verdict for the defendant. Plaintiff excepted. G. A. Worley, for plaintiff.
2Cited by1 opinion
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