M. Brock & Co. v. Brock

Citations

• 116 Pa. 109
• 9 A. 486
• 1887 Pa. LEXIS 368

Syllabus

<p>1. The plaintiff below on the day of her marriage caused to be handed by her brother to her husband, Martin, $2,500 in two checks, one of which for $500 was her own property; the other for $2,000 was from her father. A few days after the marriage, Martin and his brother Max formed a partnership and Martin deposited the checks to the credit of the firm. In a suit brought subsequently by the wife against the co-( partners to recover the money as a loan, the plaintiff’s brother testified that the checks were handed to Martin as a loan to his firm, but that no agreement for interest or for the return of the money was made. For defendants Max testified that when the partnership was formed Martin deposited the checks to the credit of the firm, but that witness had no knowledge that it was a loan to the firm; and Martin testified that the checks were a marriage present: Held, that the plaintiff was not entitled to a verdict against the copartners.</p> <p>2. A wife divorced from her husband, is incompetent to testify against him as to conversations occurring between them during the existence of the marriage relation.</p>