DECORAH STATE BANK v. ZIDLICKY

No. 87-1036.

426 N.W.2d 388 (1988)

DECORAH STATE BANK, Appellant, v. Arthur M. ZIDLICKY and Gatriel M. Zidlicky, Appellees.

Supreme Court of Iowa.

July 20, 1988.


Attorney(s) appearing for the Case

Richard D. Zahasky, Decorah, for appellant.

Robert H. Story, Cresco, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and ANDREASEN, JJ.


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 Gatriel 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...

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