Raco Corp. v. Edwards

SIMS, Justice.

Appellant, Raco Corporation, sued ap-pellee, Hilda Louise Edwards, and her husband, William H. Edwards, Jr., on a past due note for $3,586 they had executed to it. The husband made no defense but the wife filed an answer in which she pleaded the note was executed without consideration and further pleaded she signed as surety and was not bound under ICRS 404.010(2); which averments were denied in appellant’s reply.

Immediately after counsel for appellant made the opening statement to the jury the court on its own motion directed a verdict against the husband for the amount sued…