
    Storrs & Bement Co. v. Wingate & a.
    
    'The wife of a co-partner, who at her husband’s request signs as surety the promissory note of the firm, is not bound by the contract.
    
      Assumpsit, on the promissory note of a partnership whereof James D. P. Wingate is a member, and of Helen W. Wingate, His wife, who signed the note as surety at her husband’s request, and who alone makes defence.
    
      F. A. Felton (of Massachusetts) and Kdivin Gr. Kastman, for the plaintiff.
    
      Thomas Leavitt, for the defendant.
   Carpenter, J.

The contract of a married woman as surety for her husband is invalid. Gen. Laws, a. 183, s. 12. The fact that another is bound with the defendant’s husband for the payment of the note does not render her undertaking any the less a contract of suretyship for him. Stokell v. Kimball, 59 N. H. 13.

Judgment for the defendant.

Smith, J., did not sit: the others concurred.  