Stothart v. William T. Hardie & Co.

Citations

• 110 La. 696
• 34 So. 740
• 1903 La. LEXIS 692

Syllabus

<p>MARRIED WOMAN — SURETY POR HUSBAND-ADVANCES TO FIRM — VALIDITY.</p> <p>As Relates to Facts.</p> <p>1. The former owner, who died after this appeal, transferred her property to the partner of her husband in a commercial partnership; and he, in turn, mortgaged it ‡0 obtain an advance for'the firm.</p> <p>2. This former owner swore that the method followed was suggested by the creditor, and in this the record contains some corroboration.</p> <p>3. The creditor swore that lie had made no suggestion. Plaintiff claimed that the mortgage was to secure the debt of her husband.</p> <p>As Relates to Law.</p> <p>■4. True, the wife cannot be her husband’s surety. She can be the surety of a partner to secure advances to the partnership, although her husband is a member of the partnership.</p> <p>5. “The partnership was a distinct personality from the individuals who compose it.” Rivers v. City, 8 South. 484, 42 La. Ann. 1201.</p> <p>(Syllabus by the Court.)</p>