Lingo v. Bland
Lingo v. Bland
Opinion of the Court
Code § 53-503 provides as follows: “The wife is a feme sole as to her separate estate, unless controlled by the settlement. Every restriction upon her power in it must be complied with; but while the wife may contract, she may not bind her separate estate by any contract of suretyship nor by any assumption of the debts of her husband, and any sale of her separate estate, made to a creditor of her husband in extinguishment of his debts, shall be absolutely void.”
The note sued on was signed by the defendant as principal. In Gunn v. Wilson Co., 20 Ga. App. 14 (1) (92 S. E. 721), it is held that, “Where a married woman signs a promissory note as principal, there is a presumption of law that the' instrument expresses the true intent of the contract.” Dye v. Richards, 210 Ga. 601 (1) (81 S. E. 2d 820) holds as follows: “Where a wife signs a note as an apparent principal, the burden is on her.to prove her plea that she signed as a surety only.” The burden of proof is on the defendant here to' prove the defense which she set up in her answer. Accordingly, the sole question for determination is whether the evidence supports the finding of the jury that the debt for which the note was executed was not that of the husband of the defendant. Although the evidence is in sharp conflict on the material issue, it is sufficient fo support the following findings of fact: that the defendant and her husband had a minor son, Dan Lingo, Jr.; that they put him in the dairy business by giving him a number of cows, the defendant giving
It appears without dispute that, when the plaintiff sent the defendant a statement of the account, her husband came to the plaintiff’s place of business and discussed the account with him. The plaintiff testified this was the first time he ever discussed the account with the defendant’s husband, and that nothing was said about the debt being that of the husband. It is undisputed, however, that the plaintiff requested the husband to get his wife to sign the note for the account, and that this was done.
The defendant, her husband, and their son testified in support of the defendant’s plea, but from the evidence as a whole the jury was authorized to find against her contentions that the note she executed was in extinguishment of her husband’s debt.
Accordingly, the denial of the motion for a new trial is without error.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.