Adams v. Cuny

Merriok C. J.

This suit is brought upon a draft drawn by A. H. Cuny and Sarah J. Cuny, in favor of James M. Crook, for the sum of $1,150.

The petition alleges that the consideration enured to the benefit of the wife.

The judgment of the lower court was in favor of both defendants as in case of a nonsuit.

Plaintiff appeals.

By reason of the incapacity of the defendant, Sarah J. Cuny, to contract, the burden of proof was upon the plaintiff to show that the draft was valid as to her.

In regard to the other defendant, it is true that the petition alleges the debt enured to the benefit of the separate…