Hodges v. Gillespie, Shields & Co.
Hodges v. Gillespie, Shields & Co.
Opinion of the Court
Suit was brought against a husband and his wife on two promissory notes signed by them apparently as joint makers. The wife pleaded that she signed the notes as surety for her husband. It appeared, from the evidence, that the husband was a merchant and that the notes were given for the purchase-price of certain merchandise which had been shipped to him. The evidence shows that the wife had no interest in the business and received no part of the consideration for which the notes were given, the goods having been shipped directly to the husband and disposed of in a stock of merchandise owned by him. The husband and the wife both testified that the motes were signed by her as security at his request. One of the agents of the plaintiffs testified that he did not ship the goods to the husband until the notes were received, and that he requested that both the husband and the wife sign the notes before the goods would be shipped. Several letters and telegrams containing correspondence between the husband and the plaintiffs were introduced in evidence. In these it appears that he promised to forward the notes, and the plaintiffs wrote to him that the goods would be shipped as soon as the notes were received, signed jointly by him and his wife.
Several decisions are cited by counsel for the plaintiffs to the effect that where a sale has been agreed upon with a husband and he can not give security, and thereafter his wife becomes the purchaser of the goods, either directly or through her husband as agent, •and gives the required security, it is the same as if no sale to the husband had been contemplated. In such a case the debt is hers, not his. See Boland v. Klink, 63 Ga. 448; Hull v. Sullivan, Id. 127; McDonald v. Bluthenthal, 117 Ga. 120 (43 S. E. 422). The facts of this ease, however, do not bring it within the principle of those decisions. There is nothing to show that any sale was made to the wife. Nor were there any negotiations between the wife
Reference
- Full Case Name
- HODGES v. GILLESPIE, SHIELDS & COMPANY
- Cited By
- 3 cases
- Status
- Published