Bartholomew v. Allentown National Bank

Citations

• 260 Pa. 509
• 103 A. 954
• 1918 Pa. LEXIS 557

Syllabus

<p>Husband and wife — Mwried women — Pledge of mcu’ried woman to secure husband’s debt. — Pledge of personalty — Validity of pledge —Acts of 18^8 and June 8,1898, P. L. Slflf.</p> <p>1. From the time of the passage of the Married Woman’s Act of 1848, a married woman could mortgage her real estate or assign her personal property as security for her husband’s debts. Since the passage of the Act of June 8, 1893, P. L. 344, a married woman’s capacity to contract is the -rule; and her incapacity, the exception. She may now do anything in a contractual way except that she may mot mortgage or convey her real property, unless her husband join in such mortgage or conveyance, and may not become accommodation endorser, maker, guarantor or surety for another.</p> <p>2. A married woman cannot recover the value of her personal property pledged to secure the debts of her husband.</p> <p>3. Where a married woman pledged her personal property to secure the debts of her husband and the pledgee sold the property and applied co much as was necessary to discharge the debt, the wife could not recover from the pledgee the entire proceeds of the sale, but only the balance remaining after the payment of the debt.</p>