Paul v. Kunz

Citations

• 188 Pa. 504
• 41 A. 610
• 1898 Pa. LEXIS 635

Syllabus

<p>Husband and wife — Estoppel—Declaration of husband — Married woman —Silence.</p> <p>When a married woman is not subject to a legal duty to speak, and her right to her personal estate is not called in question, mere silence on her part will not estop her to claim the property.</p> <p>The wife, being legally subject to the husband, and under his control, is not the same free agent as an independent third person, and, therefore, is not subject to an inference from her mere silence such as would affect a third person. Therefore when her husband makes a general declaration in her presence that he owes nobody, her silence does not estop her to afterwards allege and enforce her indebtedness as against others who became creditors more than a year afterwards, but who did not contemplate becoming creditors when the declaration was made.</p>