Foster v. Miller

Opinion op the Court by

Judge Dietzman

Affirming.

In February, 1927, tbe appellant, Mary C. Foster, and ber husband, J. W. Foster, executed their joint promissory note to Lydia Sanders in tbe sum_ of $750, with interest from tbe date of tbe note until paid. Lydia Sanders later dying, tbe appellee, W. A. Moore, was appointed executor of her estate. He brought suit upon the note, and recovered judgment against J. W. Foster. The suit was dismissed as to tbe appellant, Mary C. Foster, because of tbe interposition by ber of tbe defense that she was only surety for ber busband on tbe note, and hence…