Harper v. O'Neil

Citations

• 194 Pa. 141
• 44 A. 1065
• 1899 Pa. LEXIS 746

Syllabus

<p>Married luomen — Promissory notes — Accommodation maker — Suretyship —Act of June 8, 1893.</p> <p>In an action against a married woman upon a note made by her and indorsed by her husband, where the plaintiff proves that he loaned the money to the husband, the court should give binding instructions in favor of the defendant, as the case is within the inhibition of section 2 of the Act of June 8, 1898, P. L. 344. Neither the fact that the money was borrowed to pay for services rendered the wife nor the fact that she was the maker of the note gave rise to a presumption which shifted the burden of proof and required the submission of the case to the jury.</p>