Saake v. Dorner

Citations

• 167 Pa. 301
• 31 A. 574
• 1895 Pa. LEXIS 898

Syllabus

<p>Husband and wife — Trust—Evidence—Equity—Responsive answer.</p> <p>A wife’s possession of money does not raise the presumption that she stole it from her husband. Where the bill alleges that she took it from him without his consent or knowledge, and that averment is specifically denied in the answer, the averment in the bill must be supported by competent evidence.</p> <p>To a bill in equity against the sister of plaintiff’s deceased wife for an account of moneys which plaintiff alleged that his wife had taken from him, and given to defendant, defendant filed an answer responsive to all the allegations in the bill. Plaintiff testified that his wife had no money when he married her, that she had not acquired any by will or descent afterwards, that he had given her money for the house and whatever she needed, but that he gave her no spending money. Defendant testified that she had received the money from her sister, who had received various sums of money, at different times, from her mother, out'of which she mighthave saved up the sum so given. Held, that the evidence was insufficient to sustain the bill.</p>