Georgia Court of Appeals, 1913

Mangum v. Manos

Mangum v. Manos
Georgia Court of Appeals · Decided July 8, 1913 · Pottle
13 Ga. App. 62; 78 S.E. 775; 1913 Ga. App. LEXIS 33

Mangum v. Manos

Opinion of the Court

Pottle, J.

This was a suit against husband and wife as joint makers of a contract of lease. The wife pleaded that she signed the contract as surety for her husband. There was sufficient evidence to authorize a finding that she executed the contract as a principal. The trial judge, distinctly instructed the jury that under the law of this State, a married woman can not become security or bind her estate by any contract' of suretyship; and that if they should believe that the wife was a surety and not a principal upon the contract sued on, she would not be liable, and they should so find. This instruction sufficiently covered the issue involved; and if a more specific charge was desired, it should have been requested in- writing. The evidence authorized the verdict.

Judgment affirmed.

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