Where, upon the trial in a justice’s court of an action upon a promissory note signed by a husband and wife, there was affirmative and uncontradicted evidence that the latter, in signing, contracted as a surety only, which fact was known to the agent of the payee by whom the note was taken, a verdict against the wife was contrary to law, and the superior court erred in not setting it aside op. certiorari.

Judgment reversed.