Smith v. American Nat. Bank of Pawhuska

The plaintiff, the American National Bank of Pawhuska, sued Sam Smith and Minnie Smith, his wife, on a promissory note, signed by them as comakers. Sam Smith pleaded discharge in bankruptcy as his defense, which was established at the trial, and judgment was rendered in his favor, and no question is raised here as to the correctness of that judgment. Minnie Smith pleaded (1) the statute of limitations, and (2) that she was a restricted, incompetent Osage allottee and mentally incompetent to contract the debt sued on. The plaintiff filed a reply in the form of a general denial. A jury was…