Cohen v. Gotlieb

Felton, Chief Judge.

“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 surety, contracted with her as a surety.” Lovelady v. Moss, 50 Ga. App. 652, 653 (179 SE 168); Dye v. Richards, 210 Ga. 601, 602 (81 SE2d 820), and cases cited. We think that the assumption that the defendant signed as a maker, arising from her signature on the face of the note under that of her husband without any designation of the capacity in which she signed, could…