Boles v. Hartsfield Co.

This is a suit on a note signed •by the defendant alone, and the defense is that she was a surety for some one else, not her husband. There is no plea or evidence that she signed this note through mistake or fraud, or that any one else was to have signed the note and was prevented from so signing. The Civil Code, § 3538, says: “The contract of surety-ship is that whereby one obligates himself to pay the debt of another in consideration of credit or indulgence given, or other benefit given to his principal, the principal remaining hound therefor” (italics ours). In the present case there is no…