Saeger ex rel. Schantz v. Runk

Citations

• 148 Pa. 77
• 23 A. 1006
• 1892 Pa. LEXIS 913

Syllabus

<p>Practice — Parties—Legal plaintiff — Immunity from costs— Unauthorized use of name not matter of defence.</p> <p>The unauthorized use of the name of a legal plaintiff cannot be taken advantage of by defendant as a defence to the action where the legal plaintiff has not objected to the use o| his name and has made no application to the court below to prevent its unauthorized use.</p> <p>The legal plaintiff would have a right to demand immunity from costs, but whore he makes no complaint in this respect, the court will presume that he is satisfied.</p> <p>Married women — Promissory note — Pelease—Interest on dower charge.</p> <p>Where a defendant repudiates a note which she has given as a consideration for a release, on the ground that she is a married woman and therefore not liable, she destroys the consideration upon which the release was given, and recovery may be had against her upon the original debt, interest on dower charge, to which coverture was not a bar.</p>