Hill v. Garrison

Citations

• 20 Pa. Super. 440
• 1902 Pa. Super. LEXIS 259

Syllabus

<p>Married women — Surety for husband — Judgment.</p> <p>On an application by a married woman to open a judgment entered on a judgment note which she had signed as surety for her husband, it appeared that the husband was a builder, and had purchased building materials from the plaintiffs to the amount of about $L,000. It was admitted that about $600 worth of the material had gone into the wife’s houses. Three hundred dollars was paid at a time when the materials for the wife’s houses constituted the only indebtedness of the husband and wife to the plaintiffs. Subsequently an additional $500 was paid. It did not appear whether the two sums paid was the money of the husband or the wife. It was proved that the wife was the surety of her husband upon the note upon which the judgment was entered. Held, that the judgment should be opened as to the wife as to the amount in excess of the value of the materials which entered into her houses, less the $300 which constituted the first payment.</p>