McGarrity v. McMahon

Citations

• 240 Pa. 553
• 87 A. 781
• 1913 Pa. LEXIS 714

Syllabus

<p>Husband and wife — Wife as surety for husband — Judgments— Opening judgment.</p> <p>1. Where a wife gives a judgment note, although she thereby discharges a debt owing by her husband, she is liable upon the same, where it appears that it was given as an original undertaking for a valuable consideration passing directly to her.</p> <p>2. Upon a rule to open judgment entered upon a judgment note given by defendant, a married woman, to plaintiff, it appeared that the defendant’s husband, who was a retail liquor dealer, was indebted to plaintiff; that by reason of the husband’s convicton of homicide, it became necessary for him to dispose of his liquor license; that arrangements were made whereby the wife was to take over the liquor business and the license, and the plaintiff agreed to assist her in securing a transfer of the liquor license and in procuring possession of the premises where the business was conducted, and to give her credit for liquors which she was to buy from him, all of which he did, and the defendant wife agreed to give plaintiff a judgment note for the same amount as the money owing by her husband, the judgment note of the husband to be surrendered. Held, the judgment note given by the wife in pursuance of this arrangement was an original undertaking, for a valuable consideration passing directly to her, and the rule to open judgment was properly discharged.</p>