Schmidt v. Spencer

This is a suit upon two promissory notes executed by defendants to plaintiff.

Defendants were husband and wife. The husband applied to plaintiff for both these loans, but he would-not let him have the -money, because' the land on which they lived was owned by the wife. It was arranged that both should execute the notes. This was done, and the money paid; plaintiff testifying that he paid it to Mrs. Spencer, and defendants testifying that he paid it to Mr. Spencer. But it is immaterial to which one the money was paid. There was no evidence in the case tending to show that the money was borrowed…