Hillman v. Farmers State Bank

(After stating the foregoing facts.) We think the court erred in sustaining the general demurrer to Mrs. Hill-*635man’s plea. Under the pleadings and the attached resolutions the question as to whether Mrs. Hillman was liable as an original promisor, or was merely a surety, depended upon her real intention as understood by the other parties to the transaction at the time she signed the notes. If at the time she placed her name on the backs of the notes she intended to indorse them as a surety only, and if that intention was known to the other parties to the transaction, she, being a married…