138 Ga. 734 | Ga. | 1912
1. To a suit of foreclosure by a transferee of a note and mortgage on realty the defendant interposed a plea to the eifect that she was a married woman at the time of the execution of the note, and that “the note and mortgage” were given for the debt of her husband, and the transferee took them with notice of these facts. On the trial there was evidence to the eifect that the defendant’s husband, having been convicted of a misdemeanor, was in jail under a sentence, to pay a fine. The defendant testified that she called on the agent of the payee to pay the fine, and the latter asked, “Will you give me security for him paying it back and working it out?” The note was given, “so that if Sam [the husband] did not stay there and work out” the fine,
{a) The fine imposed on the husband of the plaintiff was not a debt due by him to the State.
(i>) Under the evidence, the contract to repay the amount paid out in discharge of the fine was the original undertaking of the wife, and in no sense in payment of or as security for a debt due by her husband.
(c) If the debt had been that of the husband, the evidence was insufficient to show notice of such fact to the transferee.
2. Assignments of error which are not urged in the brief of counsel for the plaintiff in error will be considered as abandoned.
3. Under the pleadings and evidence, there was no error in directing a verdict in favor of the plaintiff.
Judgment affirmed.