Swager v. Peterson

"VARIAN, J".

Respondent, a married woman living with her husband, sued on a promissory note, indorsed and deliv ered to her by her husband, the payee therein named, without pleading her coverture or alleging that the debt sued upon was her separate property (see Salisbury v. Spofford, 22 Ida. 393, 126 Pac. 400), and without joining her husband as a party. Appellant answered, admitting the execution and delivery of the note, and alleging that respondent and the indorser, the payee named in the note, now are and during all the times mentioned in the complaint were wife and husband; denied that…