Booth v. Merchants Bank of Valdosta

Court of Appeals of Georgia

Booth v. Merchants Bank of Valdosta

72 S.E. 44, 9 Ga. App. 650, 1911 Ga. App. LEXIS 276

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1911

Docket2948

StatusPublished

This text of 72 S.E. 44 (Booth v. Merchants Bank of Valdosta) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Booth v. Merchants Bank of Valdosta, 72 S.E. 44, 9 Ga. App. 650, 1911 Ga. App. LEXIS 276 (Ga. Ct. App. 1911).

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Opinion

Russell, J.

A woman can neither stand surety for her husband’s debts nor .lawfully pay them, and if, having executed a promissory note as security for her husband, she pays the note, she may maintain an action for money had and received and recover the sum so paid, from the creditor who knowingly received it. Strickland v. Vance, 99 Ga. 531 (27 S. E. 152). As to other persons she may not lawfully become surety, but she may pay their debts. Villa Rica Lumber Co. v. Paratain, 92 Ga. 370 (17 S. E. 340). Hence, if a married woman executes a promissory note as surety for a person other than her husband, she can not be compelled by law to páy it, but if she voluntarily pays it, she can not recover back from the creditor the amount she has paid.

Judgment affirmed.

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Russell, J.

A woman can neither stand surety for her husband’s debts nor .lawfully pay them, and if, having executed a promissory note as security for her husband, she pays the note, she may maintain an action for money had and received and recover the sum so paid, from the creditor who knowingly received it. Strickland v. Vance, 99 Ga. 531 (27 S. E. 152). As to other persons she may not lawfully become surety, but she may pay their debts. Villa Rica Lumber Co. v. Paratain, 92 Ga. 370 (17 S. E. 340). Hence, if a married woman executes a promissory note as surety for a person other than her husband, she can not be compelled by law to páy it, but if she voluntarily pays it, she can not recover back from the creditor the amount she has paid.

Judgment affirmed.

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Bluebook (online)

72 S.E. 44, 9 Ga. App. 650, 1911 Ga. App. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booth-v-merchants-bank-of-valdosta-gactapp-1911.

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