124 Ga. 849 | Ga. | 1906
Wright sued Mrs. Eood upon certain promissory notes executed by her and payable to his order. She admitted the execution of the notes by her, but pleaded that the purpose for which the notes were given “was to get money with which to pay' debts owed by her husband, and that this fact was known to the plaintiff at the time of the creation of the debt;” and “that she received no part of the money for which the notes were given and that none of it was applied to her own use and benefit, but the whole amount was paid on her husband’s debt; all of which was known to the plaintiff at the time notes were given and money
We think this case is clearly controlled by the principle laid down in Johnson v. Leffler Company, 122 Ga. 670, and previous cases there cited. It was there held, that, “While a wife can not bind her separate estate by any contract of suretyship, nor by any assumption of the debts of her husband, nor sell her property in extinguishment of his indebtedness, she may nevertheless, upon her own responsibility and voluntarily, enter into a contract for borrowing money and give her note therefor and a mortgage upon her property to secure its payment, and such a contract will be binding on her though the party with whom she contracts may know that she intends to use the borrowed money for her husband’s benefit. But a contract based on a mere colorable transaction to which the lender is a party, the purpose of which is to make the wife the husband’s surety, will not be enforced against her.” It will be observed that there was nothing in the defendant’s answer which negatived the idea that she voluntarily, upon her own re-, sponsibility and in good faith, borrowed the money from the plaintiff for the purpose of paying her husband’s debt, without being influenced to do so by any solicitation or inducement of the lender, and without - there being any arrangement or transaction between her and her husband, to which the lender was a party, of which the borrowing of the money by her for this purpose was the outcome. Indeed it was not even alleged in the answer that the
There was no error in striking the defendant’s answer; and as this left her without any defense to the suit, there was then no error in directing the verdict in favor of the plaintiff.
.Judgment affirmed.