Spotts' Estate

Citations

• 156 Pa. 281
• 27 A. 132
• 1893 Pa. LEXIS 1341

Syllabus

<p>Equitable assignment — Set-off-Decedents' estates.</p> <p>Decedent had an open account with a firm of which claimant wns a member. She was a creditor ou this account for $661.50, and a debtor for $173.61. Claimant was at the timo an indorser on her note for $450, and she desired him to assume the further liability of indorsing another note for $2,000. This he agreed to do in consideration of her agreeing that $450 of her credit should he offset by the note for that amount, which, he undertook that the firm should pay. This arrangement was carried out. Claimant indorsed the second note, and the firm paid the first note. Held, that this was an equitable assignment of $450 of her claim on the firm to claimant, and that it made no difference that the first note was paid after her death.</p> <p>Married women — Loan—Application of funds.</p> <p>A person who lends money to a married woman is not bound to see that she actually applies the money to use in business.</p> <p>Evidence — Witness—Decedents' estates.</p> <p>Where a husband has borrowed money on a bond with a surety, and has loaned the money thus borrowed to his wife, the surety is a competent witness against the wife’s estate, after her death, to establish the husband’s right to the fund.</p>