Firestone Tire & Rubber Company v. Tyler

The facts in this case are the same as those involved in Firestone Tire & Rubber Company v. Elizabeth K. Hart, decided at the present term of this Court. Elizabeth and the decedent, Tyler G. Hart, who were husband and wife, entered into a joint obligation whereby they agreed to be sureties for the payment of sums owed by William H. and John G. Keenan to the plaintiff. After default by the Keenans, Tyler died and Elizabeth became his administratrix. Suit was commenced against Elizabeth, and, in due time, a claim was presented to the commissioner of Tylers estate, which was disallowed and on appeal taken to county court. The case against Elizabeth was tried without a jury, judgment was rendered for the plaintiff, and exceptions taken by the defendant. At a subsequent term of county court, the appeal from commissioners was tried, the case against Elizabeth being then pending in this Court, but not having come on for hearing. At the close of plaintiffs evidence a verdict was directed against the defendant estate and the defendant excepted.