Texas Supreme Court

Red River National Bank v. J. E. Ferguson

December 2, 1918109 Tex. 287

Summary

The Texas Supreme Court affirmed the lower courts, holding that the Married Woman’s Act of 1913 does not give a wife the power to be a surety for her husband’s debt; the proviso in article 4624 is a restrictive, negative provision interpreted by expressio unius est exclusio alterius. The Court also held that the Act's title and caption cannot be used to infer a broader contractual power for wives.