Jones v. Equitable Loan Co.

Supreme Court of Georgia

Jones v. Equitable Loan Co.

175 S.E. 554, 179 Ga. 228, 1934 Ga. LEXIS 256

Supreme Court of Georgia·Decided May 17, 1934·No. No. 9942·Published·Cited by 2 cases

Opinion

Hutcheson, J.

1. While a wife may contract, she can not bind her separate estate by any contract of suretyship, or by any assumption of the debts of her husband. Code of 1910, § 3007.

[229]*229No. 9942. May 17, 1934. Adhered to on rehearing, August 10, 1934. Edward F. Taylor and E. W. Maynard, for plaintiffs. Parle & Strozier, for defendants.

2. The petition in the instant ease alleged suretyship, and prayed for cancellation of a bill of sale to secure debt, and to restrain the transfer or assignment of certain notes. A cause of action was set out, and the court erred in sustaining the general demurrer and dismissing the petition. Judgment reversed.

All the Justices concur.

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Hutcheson, J.

1. While a wife may contract, she can not bind her separate estate by any contract of suretyship, or by any assumption of the debts of her husband. Code of 1910, § 3007.

[229]*229No. 9942. May 17, 1934. Adhered to on rehearing, August 10, 1934. Edward F. Taylor and E. W. Maynard, for plaintiffs. Parle & Strozier, for defendants.

2. The petition in the instant ease alleged suretyship, and prayed for cancellation of a bill of sale to secure debt, and to restrain the transfer or assignment of certain notes. A cause of action was set out, and the court erred in sustaining the general demurrer and dismissing the petition. Judgment reversed.

All the Justices concur.

Jones v. Equitable Loan Co., 175 S.E. 554, 179 Ga. 228, 1934 Ga. LEXIS 256 (Ga. 1934).

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Opinion

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