Moormann v. Voss

Citations

• 77 Ohio St. (N.S.) 270

Syllabus

<p>Certain sureties may require creditors to sue• — Section 5833, Revised Statutes — Must be strict compliance with statute — Notice to ' husband of creditor is insufficient.</p> <p>A person bound as surety in a written instrument for the payment of money, who would avail himself of the defense of having given notice to sue, under Section 5833, Revised Statutes, must show a strict compliance with the requirements of said section. And where the creditor is a married woman, a notice by the surety directed to and served upon her husband, demanding that he bring suit thereon forthwith is insufficient, although such, notice be communicated and exhibited by the husband to his wife.</p>