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Jones et al. v. Equitable Loan Company et al.

Supreme Court of Georgia1934-05-17No. No. 9942
179 Ga. 228

Authorities cited

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Opinion

majority 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.

No. 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.