O'Quinn v. Carter

1. “If the fact of suretyship does not appear on the face of a note, it may be proved by parol; and the relative position of the makers’ names is immaterial, if one is surety of the other.” Trammell v. Swift Fertilizer Works, 121 Ga. 778 (49 S. E. 739). Where a tenant and a landlord both sign a mortgage note for the purchase of a mule, apparently as joint makers, but it is agreed between them that the tenant is to “buy” the animal, and the landlord is to “endorse his note for same,” and the tenant accordingly so purchased the mule, the landlord is a surety and not a joint maker.

2. Where the…