Trost v. Beck

Suit by appellant against appellee upon a promissory note. The defendant is the wife of A. W. Beck, and her defense is rested upon the theory that the note sued upon was given as security for the debt of the husband in violation of section 4497 of the Code of 1907, which provides that “the wife shall not, directly or indirectly, become the surety for the husband.”

The cause was tried before the court without a jury. Plaintiff rested his case upon the introduction of the note; and did not offer other proof or himself testify during the progress of the cause. The defendant and her husband…