Hazleton National Bank v. Kintz

Citations

• 24 Pa. Super. 456
• 1904 Pa. Super. LEXIS 208

Syllabus

<p>Husband, and wife — Married women — Principal and surety — Contract.</p> <p>A married woman has full power to bind herself-in any manner except as a surety, by any species of obligation; and the established rules of law relating to contracts apply to those made by her; but she cannot in any form or through any device, become bound for the debt or default of another except by deed or mortgage.'</p> <p>Judgment — Judgment note — Seal.</p> <p>The validity of a judgment note is. not affected by the fact that the note is not given under seal. '</p> <p>Seal — Scroll—Letters “L. S.” — Judgment.</p> <p>The letters “L. S.” enclosed in a scroll following the signature to a written instrument, are equivalent to a seal.</p> <p>Seal — Subject to judgment — Vendor and vendee.</p> <p>Where a deed is made subject to the payment of a judgment and the vendee, a married woman, gives a note to the owner of the judgment for its payment, the vendee is not a surety for the payment of the judgment, but is a principal primarily liable. The Act of June 12, 1878, P. L. 205, does not require the assumption of the debt to be contemporaneous with the conveyance.</p>