Kennedy v. Knight

Citations

• 174 Pa. 408
• 34 A. 585
• 1896 Pa. LEXIS 898

Syllabus

<p>Husband and wife — Married woman — Suit by wife against husband— Statute of limitations.</p> <p>The fact that a married woman has in her possession a judgment note against her husband with the right to issue an execution upon it with or without her husband’s consent does not deprive her of the benefit of the exception contained in the statute of limitations.</p> <p>Under the act of June 8,1887, P. L. 333, a married woman cannot bring suit against her husband.</p> <p>A wife received a judgment note from her husband in January, 1884, payable in one year. She did not enter judgment upon the note. In July, 1892, the husband died, and in September, 1892, the wife died. The executor of the wife’s estate found the note among her papers. Held, (1) that a suit upon the note was not barred by the statute of limitations; (2) that the wife’s executor was entitled to bring suit upon the note, and in the absence of a defense to have judgment thereon.</p>