Loeb v. Mellinger

Citations

• 12 Pa. Super. 592
• 1900 Pa. Super. LEXIS 280

Syllabus

<p>Married woman as partner — Rights and liabitüies.</p> <p>When a married woman becomes a member of a firm she is entitled to the same rights and exposed to the same liabilities to persons dealing with the firm as are the other members.</p> <p>Promissory note — Partnership debt — Married woman.</p> <p>Where a firm note given even for a personal debt of one of its members comes to the hands of a bona fide purchaser before maturity and without notice, the law relating to negotiable paper allows a recovery from the firm. It seems a different rule does not apply where a married woman is a member of the firm and the action is brought against the firm, at least so far as partnership property is concerned.</p> <p>Evidence — Promissory note — Fraud—Shifting burden of prdof.</p> <p>Where upon proof of facts alleged in defendant’s offer a case of fraud in the issuing of a promissory note would have been made out, which would have put the plaintiff to proof that he obtained the note before maturity in good faith for value, defendant should have been allowed to prove his offer because the proof of the facts alleged would have shifted the burden of proof.</p> <p>Credibility and interpretation of testimony — Question for jury.</p> <p>Where the uncontradicted testimony of the plaintiff is open to two constructions, one of which would be in favor of the defendant, the interpretation to be put on the testimony and the credibility of the witness is for the jury.</p>