Legal Opinion
Continental Life Ins. Co. v. Brandt
Supreme Court of Alabama
Decided May 17, 1934No. 6 Div. 506PublishedCited by 6 opinions
1Opinion of the Court
THOMAS, Justice.
The question presented by this appeal is the suretyship vel non of the wife for the debts of the husband.
The statute declares: “The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations ; but the wife shall not, directly or indirectly, become the surety for the husband.” Section 8272, Code.
The courts look to the substance rather than appearance or form to uncover the true facts. Smith v. D. Rothschild & Co., 212 Ala. 276, 102 So. 206;…
2Cases cited31 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Richardson v. StephensSupreme Court of Alabama · 1898
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Elkins v. Bank of HenrySupreme Court of Alabama · 1912
26 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sansom v. SturkieSupreme Court of Alabama · 1944
- Delony v. O'ReillySupreme Court of Alabama · 1938
- Ex Parte LacySupreme Court of Alabama · 1936
- Clark v. Lineville Nat. BankSupreme Court of Alabama · 1936
- Lacy v. Commercial Nat. BankSupreme Court of Alabama · 1936
1 more not listed; retrieve them via the Exa API.