Peter Adams Paper Co. v. Cassard

Citations

• 206 Pa. 179
• 55 A. 949
• 1903 Pa. LEXIS 670

Syllabus

<p>Husband and wife — Powers of married woman.</p> <p>In Pennsylvania every restriction imposed by the common law upon the capacity of a married woman to contract has been removed except in two cases ; she cannot become accommodation indorser, maker or guarantor or surety for another; she cannot without her husband joins convey or mortgage her real estate.</p> <p>Husband and wife — Principal and surety — Conflict of laws — Affidavit of defense.</p> <p>Where a statement of claim and an affidavit of defense show that the contract upon which suit was brought was made constructively at least, in New York, and that it was a contract of suretyship by a wife for her husband’s debt, and there is nothing to show what was the law oí New York on the subject, the court will assume the wife’s disability in New York the same as in Pennsylvania, and will discharge a rule for judgment for want of a sufficient affidavit of defense.</p>