Savannah Bank & Trust Co. v. Groover

It becomes necessary first to construe the petition. T|he suit being in one count, it must be deemed to be predicated on the theory that the stock was loaned to the husband to be used by him, as his own, for the purpose of borrowing money *34with which to buy his partner’s interest, and that he himself borrowed the money from the defendant and gave his note for it. This construction is given because the petition sets up two theories on which it is sought to charge the bank with making an illegal loan. The other theory is that the husband forged his wife’s name to a note as principal, and put up…