Maddox v. Gormley

The wife was merely a surety for her husband on the principal indebtedness. Maddox v. Gormley, 49 Ga. App. 526 (supra). The uncontradicted evidence shows she was merely such. Because of the wife’s disability (she can *682not be surety for her husband), there was no legal right of recovery against her on her suretyship contract, and since whatever the parties may have thought or even she may have thought (being a mistake in law) would not make the controversy a real rather than a merely fictitious one, and since such a mistake on her part would in no event, in the absence of a judgment, preclude…