Wiltbank v. Tobler

Citations

• 181 Pa. 103
• 37 A. 188
• 1897 Pa. LEXIS 511

Syllabus

<p>Married women — Promissory notes — Contract of suretyship.</p> <p>An instrument which is in itself a contract of suretyship only will not be enforced against a married woman, although she may have had capacity to incur the kind of indebtedness for which the instrument was given.</p> <p>In an action upon a promissory note against a married woman and her husband, both of whom had signed the note, it appeared that the note in suit had been given in place of several other notes, on two of which the wife’s name appeared as indorser, and on the others, her name did not appear at all. It was averred in the statement that the note was given to secure a loan to the wife for the payment of interest, taxes and repairs of her separate real estate. Held, (1) that upon its face the note in suit was signed by the wife, as surety for her husband ; (2) that the plaintiff was not entitled to recover against the wife, under the Act of June 8, 1898, P. L. 044.</p>