Gaston v. Vitte

Citations

• 67 Pa. Super. 483
• 1917 Pa. Super. LEXIS 438

Syllabus

<p>Principal and surety — Husband and wife.</p> <p>In an action on a promissory note signed by husband and wife, a finding by the court in a case tried without a jury that the wife was not a surety, but was personally liable, will not be reversed where the evidence tends to show that the proceeds of the note were for the repairs of a property, to which the wife and husband at the time thought she had sole title, but which subsequently appeared was held in their joint names, but was acquired entirely by the wife’s money before her marriage, and that the wife had declared to the plaintiffs that she required the money to pay for repairs to her property.</p> <p>In an action on a promissory note signed by husband and wife, the wife is liable as principal on the face of the note, and if she claims that she is a surety the burden is upon her to prove it.</p>