Todd v. Bailey

The opinion of the court was delivered by

Beasley, Chief Justice.

The defendant is a married woman, and is sued on two promissory notes made by her and her husband. The notes are joint and several, and the wife stands as the first signer.

The making of these notes was not in controversy, the defence being that the defendant signed them as the surety of the husband. This was the gravamen of the contest upon the facts, the plaintiff’s testimony, taken by itself, proving plainly that the payee of the notes refused to loan the money for which they were given to the husband of the plaintiff, *11but…