Affirming.
The action was instituted by appellees, T.H. Cochran and T.C. Cochran, doing business under the firm name of T. H. Cochran
Company, against appellant, to *Page 128
recover the proceeds of a check in the principal sum of $775 allegedly executed and delivered to appellees by appellant, through her husband and agent, S.L. Crook. In the second numbered paragraph of the answer, appellant attempted to plead that her agent signed the check as surety for a firm of which he is the President and General Manager and she the Secretary and Treasurer; and that, being a married woman, and not having mortgaged or otherwise conveyed any of her estate to secure the payment of the debt, as provided in KRS
Whilst the style of the firm, viz., S. L. Crook Corporation, would lead one to surmise that it was, in fact, at some time a duly organized corporation, appellant failed to allege this or the necessary and additional fact that it was in existence at the time she allegedly became its surety. Construing the pleading, as we must, most strongly against the pleader, Brown v. Blanton, etc.,
The judgment is affirmed.
