Legal Opinion
Dye v. Richards
Supreme Court of Georgia
Decided May 11, 1954No. 18504PublishedCited by 12 opinions
1Opinion of the Court
Head, Justice.
1. When the defendant by her answer admitted the execution of the note in the manner alleged, at a place where a principal would ordinarily sign, the law placed upon her the burden of establishing her plea of suretyship. This rule was succinctly stated by Judge MacIntyre for the Court of Appeals in Lovelady v. Moss, 50 Ga. App. 652, 653 (179 S. E. 168), where it was said: “Where the wife signs the note as an apparent principal, the burden is on her to prove that she signed as surety only, and that the payee of the note, with knowledge of the facts which would constitute her a…
2Cases cited25 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Perkins v. RowlandSupreme Court of Georgia · 1882
- Castleberry v. ParrishSupreme Court of Georgia · 1910
- Howard v. SimpkinsSupreme Court of Georgia · 1883
- Chamblee v. PirkleSupreme Court of Georgia · 1897
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3Cited by12 opinions
- Lawler v. Life Insurance Co. of GeorgiaCourt of Appeals of Georgia · 1955
- Massachusetts Bonding & Insurance v. Bins & Equipment Co.Court of Appeals of Georgia · 1959
- Sumter County v. PritchettCourt of Appeals of Georgia · 1971
- Cohen v. GotliebCourt of Appeals of Georgia · 1963
- Frost v. HunterCourt of Appeals of Georgia · 1958
7 more not listed; retrieve them via the Exa API.