Simmons v. Maxey

Opinion of the Court by

Hobson, Commissioner —

Reversing.

This action was brought by L. P. Maxey against Louise S. Simmons to recover on two notes signed by her and her husband, R. N. Simmons, also a note signed, “Simmons Drug store, R. N. Simmons,” and dated December 3,1926. Mrs. Simmons in defense pleaded her coverture and alleged that she was only the surety of her husband and that the transaction was a mere subterfuge to conceal this fact. Proof was taken and on final hearing judgment was entered against Mrs. Simmons. She appeals.

The facts shown by the evidence are, in brief, these: Maxey…