Class & Nachod Brewing Co. v. Rago

Citations

• 240 Pa. 470
• 87 A. 704
• 1913 Pa. LEXIS 698

Syllabus

<p>Married women — Sureties—Judgment note — Trial—Charge— Rebuttal testimony — Discretion of court.</p> <p>1. In the trial of a feigned issue to determine whether defendant, a married woman, was liable upon a judgment note given for borrowed money where it appeared that the defense was that she was acting as surety for her son John, the court correctly charged as follows: “The law is that a married woman cannot become surety. She may create a loan for herself, and do what she pleases with the money after she borrows it but she,, cannot become surety; and if a married woman makes an agreement in which she undertakes to become surety, it is void. The question therefore in the case is whether she made an obligation to pay $1,500 loaned to her or was to pay only in the event that John failed to-pay.”</p> <p>2. In the trial of such issue, after plaintiff’s case had closed and defendant had presented her defense and the plaintiff its rebuttal, the court committed no error in excluding an offer of testimony by defendant, which was merely cumulative and corroborative of her defense, and where the witness offered had been in court during the whole trial.</p>