Tuck v. Kellum

1. Where a married woman signs a note ostensibly as a maker jointly with her husband, when in fact she is a surety only, before she can establish the fact of her suretyship as against the payee *466of the note it must be made to appear, despite her apparent relationship as principal, that the payee, with knowledge of the facts which would constitute her a surety, contracted with her as a surety. Civil Code (1910), § 3556. Hall v. Rogers, 114 Ga. 357 (40 S. E. 250).

Decided February 24, 1927. Thomas & Thomas, O. J. Tolnas, for plaintiff in error. Wolver M. Smith, contra.

2. In a suit against a…