Northern Bank & Trust Co. v. Graves

Citations

• 79 Wash. 411
• 140 P. 328
• 1914 Wash. LEXIS 1177

Syllabus

<p>Husband and Wipe — Community Debt — Note Signed by Wipe— Liability op Wipe’s Separate Estate. A promissory note executed by husbands and wives for a community debt binds the community and separate estates of the husband's and wives, whether the wives signed as makers or indorsers, in View of the removal of their common law disabilities to bind their separate estates^</p> <p>Bills and Notes — Accommodation Parties — Married Women— Liability. Wives indorsing their names on the back of the promissory note of their husbands before delivery, are accommodation parties, under Rem. & Bal. Code, § 3420, defining an accommodation party as one who- signed as maker, drawer, acceptor, or indorser without receiving value, and making such party liable thereon.</p> <p>Husband and Wipe — Wipe?s Separate Property — Assuming Liabhity. The rule that a wife’s separate estate is not liable for community debts does not prevent her from assuming such liability by executing with her husband a promissory note in payment of the debt.</p> <p>Bankruptcy — Discharge — Community Debt — Liability of Co-debtor. The discharge in bankruptcy of a husband on a community debt does not affect the right of the creditor to proceed against his wife’s separate estate as a codebtor, where she had obligated' herself for the debt by signing a note therefor.</p>