Decorah State Bank v. Zidlicky

HARRIS, Justice.

In this mortgage foreclosure action the plaintiff bank contends that a future advances clause served to obligate both defendants on a subsequent promissory note. The trial court held the clause was not enforceable against the defendant wife. We agree.

Defendants Arthur M. Zidlicky and Ga-triel M. Zidlicky are husband and wife. In 1973, while they were engaged in farming, they signed a document entitled “Spouse’s Joinder In and Guarantee of Indebtedness.” The purpose was to allow either defendant to sign promissory notes binding both of them to the indebtedness. The document…