Longley v. Bank of Parrott
Court of Appeals of Georgia
Complaint; from city court of Dawson—Judge Edwards. August 36, 1916.
1Opinion of the CourtJenkins, J.
1. (a) Where a note is signed by a wife as principal and by the husband as surety, the presumption of law is that she gives it on her own contract and for value, to charge her separate property. Perkins v. Rowland, 69 Ga. 661; Love v. Lamar, 78 Ga. 323 (3 S. E. 90); Temples v. Equitable Mortgage Co., 100 Ga. 503 (28 S. E. 232, 62 Am. St. R. 326); Jones v. Weichselbaum, 115 Ga. 369 (41 S. E. 615).(5) Where the creditor, at the time a debt is created, really intends in good faith to extend the credit to the wife, and not to the husband, and *702the consideration of the loan passes legally and…
2Cases cited10 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Johnson v. Leffler Co.Supreme Court of Georgia · 1905
- Perkins v. RowlandSupreme Court of Georgia · 1882
- Gross v. WhitelySupreme Court of Georgia · 1907
- Nelms v. KellerSupreme Court of Georgia · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gibson v. GibsonCourt of Appeals of Georgia · 1936
- Gunn v. Wilson Co.Court of Appeals of Georgia · 1917
- Morris v. International Agricultural Corp.Court of Appeals of Georgia · 1936
- Colquitt v. DyeCourt of Appeals of Georgia · 1922
- Robinson Co. v. RiceCourt of Appeals of Georgia · 1929
11 more not listed; retrieve them via the Exa API.