Claxton v. Lovett
Claxton v. Lovett
Opinion of the Court
The record discloses a suit on a promissory note, signed by two persons bearing the same surname. It is indicated, by the petition, that the principal is a married woman. From her answer it appears that she is a married woman, and that the apparent surety is her husband. Her defense is that she is not the principal, but really the surety, and' that the debt was tlie obligation of her husband; and, in addition to this, -that she signed the paper under duress brought about by the conduct of her husband! At the trial she testified that she had received none of the money which was the consideration of the note. She did hot testify that her codefendant was her husband, or even that she was a married woman. Two witnesses are introduced, who bear the same surname as that of the defendant. They each testify to transactions in reference to a note or debt between persons who are described as “Papa” and “Mama” and “Father”
Judgment reversed.
Reference
- Full Case Name
- CLAXTON v. LOVETT
- Status
- Published