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DYE v. RICHARDS

18504.

210 Ga. 601 (1954)

81 S.E.2d 820

DYE v. RICHARDS.

Supreme Court of Georgia.

Decided May 11, 1954.

Attorney(s) appearing for the Case

Shirley C. Boykin, Boykin & Boykin, for plaintiff in error.

O. W. Roberts, Jr., contra.

HEAD, Justice.

1. When the defendant by her answer admitted the execution of the note in the manner alleged, at a place where a principal would ordinarily sign, the law placed upon her the burden of establishing her plea of suretyship. This rule was succinctly stated by Judge MacIntyre for the Court of Appeals in Lovelady v. Moss, 50 Ga.App. 652, 653 (179 S. E. 168), where it was said: "Where the wife signs the note as an apparent principal, the burden...

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