Sally v. Bank Of Union, (No. 1721.)

• Decision Date: 16 June 1920
• Docket Number: (No. 1721.)
• Citation: 150 Ga. 281,103 S.E. 460
• Parties: SALLY. v. BANK OF UNION.
• Court: Georgia Supreme Court

150 Ga. 281

103 S.E. 460

SALLY.

v.BANK OF UNION.

(No. 1721.)

Supreme Court of Georgia.

June 16, 1920.

(Syllabus by the Court.)

Certified questions from Court of Appeals.

Action between Mary E. Sally and the Bank of Union. Judgment for the latter, and the former brings error, and the Court of Appeals certified questions. Questions answered.

B. B. McCowen, of Augusta, for plaintiff in error.

Alexander & Lee, of Augusta, for defendant in error.

GILBERT, J. [1-3] The Court of Appeals certified for instruction the following questions, the answers to which will be found in the headnotes:

"1. When a surety has been sued separately from his principal, is it then too late for the surety to give the notice provided for in section 3546 of the Civil Code of 1910 to proceed against the principal debtor?

"2. Do the provisions of section 3546 of the Civil Code affect the contract or go only to the remedy?

"3. The statutory law of this state being that, 'while the wife may contract, she cannot bind her separate estate by any contract of suretyship' (Civil Code, § 3007), will the statute law of North Carolina, providing that a married woman is liable upon her contract of suretyship, be enforced in this state, inasmuch as the law of the lex loci contractus is in contravention of the express statute law of the forum?"

All the Justices concur.