Keystone Brewing Co. v. Varzaly

Citations

• 39 Pa. Super. 155
• 1909 Pa. Super. LEXIS 456

Syllabus

<p>Judgment — Opening judgment — Signatures of note — Husband and wife — Evidence—Principal and surety.</p> <p>1. A judgment entered against a married woman on a judgment note will be opened where the testimony of the only subscribing witness called is to the effect that the note had been executed at a particular time and place, and this testimony is contradicted by that of the defendant’s husband, son, daughter and family physician, to the effect that the defendant was at her home in another town sick in bed on the day stated by the subscribing witness, and had been sick at home for a considerable 'period prior to that day.</p> <p>2. Where a wholesale liquor dealer furnishes liquor to a licensed hotel keeper, and receives from the latter’s wife a judgment note containing the provision that “this note is given to secure anything which I may now, or at any time hereafter be owing to ” the payees, and the latter knew that the wife had no interest in the business, although the sales were charged to her and her husband, a judgment entered on the note will be opened so as to determine whether or not the note was given by the wife as security for her husband’s debt. •</p> <p>3. The Act of June 8, 1893, P. L. 344, forbidding a married woman to become surety for another, is not to be evaded by connivance with the payee of an obligation, and where the object of such an instrument is to give credit to another, it is not binding on the maker who was a married woman, notwithstanding it may appear on its face to be her contract for the payment of money. The form of the obligation is not decisive in such a case.</p> <p>Trial — Evidence—Cross-examination.</p> <p>4. To permit a plaintiff to introduce his case on cross-examination, is irregular and often unfair to the opposite party. Where evidence is so introduced, it is to be treated as testimony presented as if the witness had been examined in chief.</p>