Elmendorf v. Whitney

Citations

• 153 Pa. 460
• 25 A. 607
• 1893 Pa. LEXIS 1130

Syllabus

<p>Principal and surety — Guaranty—Contract for maintenance — Liability continuing after death.</p> <p>A husband agreed to pay to his wife’s brother fifty dollars a month in trust for the care and support of his wife during her natural life. Defendant guaranteed the payment “ of the said several installments at the time and times when the same become due.” The husband died, and suit was brought against the surety by the brother as trustee. The statement of claim averred on belief that the husband died insolvent. The affidavit of defence did not deny the insolvency, but averred that the agreement had been made in pursuance of a separation between husband and wife, and that the duty to support terminated on the death of the husband. Held, that judgment was properly entered against defendant for want of a sufficient affidavit of defence.</p>