Bozeman v. Brock
Bozeman v. Brock
Opinion of the Court
T. K. Brock sued Mrs. J. E. Bozeman and J. E. .Bozeman on a note signed by them as joint makers. Mrs. Bozeman filed a plea alleging that she signed the note as surety for .her husband at the request of the plaintiff, and that she received no consideration therefor.
It appears from the evidence that the original note, of which the note sued on was given in renewal, was executed in May, 1931. For several years before that time J. E. Bozeman had operated, in his own. name, a farm belonging to his wife. During this
The pertinent parts of the plaintiff’s testimony are as follows: “For several years prior to 1931 I had done business with John Bozeman on open account, 30 days, 60 days, and longer periods of time. Times were hard in 1931, and I started off that year furnishing supplies to John on open account on 30-day basis. The supplies furnished were groceries, flour, shoes, etc., farm supplies. After he became indebted to me in some small amount, exactly how much I do not recall, perhaps $40,1 told him that I could not carry him any longer. That he would have to get some one to assume the debt for him. I told him that I would have to have some security, because with an open account against him all I had was a moral risk, because he had nothing. We estimated what the needs would be for the remainder of the year and made out this note for $188.50, and he went out to his house and got his wife to
"A note made by the wife for a loan to her husband, and indorsed by him, where the payee of the note knows this fact at the time of its execution, can not be collected from her by the payee.” Allmond v. Mount Vernon Bank, 53 Ga. App. 565, 566 (186 S. E. 581). Although a joint note is signed, if the creditor or payee have knowledge that the consideration thereof is for the benefit of the husband alone and the wife receives no part of the consideration, she may not be compelled to pay. Dobbins v. Blanchard, 94 Ga. 500 (21 S. E. 215); Jones v. Weichselbaum, 115 Ga. 369 (41 S. E. 615); Smith v. Hardman, 99 Ga. 381 (27 S. E. 731). Where, upon the trial of an action on a note signed by husband and wife there is affirmative and uncontradicted evidence that the wife in signing contracted as surety only, which fact was known to the payee, a verdict against the wife is contrary to law and should be set aside. Munroe v. Haas, 105 Ga. 468 (30 S. E. 654). We think the evidence demanded a finding that no part of the consideration of the note sued on went to the defendant wife, and that the plaintiff had knowledge that the wife was signing the same as security for advances which were to be made her husband bn a venture of his own. There is no evidence to warrant any assump
Judgment reversed.
Dissenting Opinion
dissenting. I think that the evidence authorized the jury to find that the plaintiff did not know that the defendant signed the note sued on as surety for her husband, but that he believed she signed it as a maker, jointly with her husband. This being true, the verdict in favor of the plaintiff was authorized. Schofield v. Jones, 85 Ga. 816 (11 S. E. 1032); Tuck v. Kellum, 36 Ga. App. 465 (137 S. E. 102); Trammell v. Swift Fertilizer Works, 121 Ga. 778 (49 S. E. 739); Lovelady v. Moss, 50 Ga. App. 652 (179 S. E. 168), and cit.
Reference
- Full Case Name
- BOZEMAN v. BROCK
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- 3 cases
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- Published