Smith v. American Nat. Bank

GARDNER, Justice.

The suit was on a promissory note bearing date March 2, 1932, signed by Josephine J. Smith and W. F. Smith, her husband, and was a renewal for the original note, likewise executed by the parties on March 19, 1929, when $1,000 was borrowed from the bank.

That the note was duly executed and the money received, as well as the amount due thereon, were matters not controverted. There was but a single issue, the wife (appellant) insisting the original debt was that of the husband alone, and that she signed merely as his surety, in violation of section 8272, Code 1923. This issue the…