Fidelity & Deposit Co. v. Lapidus

Plaintiff has appealed from a judgment for defendant Erna Lapidus, on a contract which she executed with her husband, Joe Lapidus. The case was tried without a jury, and the court gave judgment against defendant Joe Lapidus, but denied recovery against Erna Lapidus on the ground that she had not bound her separate estate. The sole question necessary to be considered is whether the evidence sustains this finding.

Joe Lapidus had obtained a mortgage loan on some real estate owned by him, but because of some mechanics’ liens, which he was disputing, the mortgagee withheld part of the loan…