Yeany, ex rel. Gold Standard National Bank v. Shannon

Citations

• 256 Pa. 135
• 100 A. 527
• 1917 Pa. LEXIS 576

Syllabus

<p>Negotiable instruments — Promissory notes■ — ■Married women — Accommodation makers and endorsers — Act of June 8, 1898, P. L. 844 — Judgments—Opening judgments.</p> <p>1. While a wife may not become surety for her husband, there is no law to prevent her from paying his debts or giving him money to use in his business, even though the wife may have borrowed it, and the wisdom of her so doing is not for the courts to pass upon.</p> <p>2. The provision of the Act of June 8, 1893, P. L. 344, which forbids a married woman from becoming accommodation endorser, maker, guarantor or surety for another, applies only to the technical contract of endorsement, guaranty or suretyship included in the words of the act.</p> <p>' 3. A married woman gave a judgment note to a bank, using part</p> <p>of the proceeds to pay her husband’s debts. It appeared that in negotiating the loan, the husband acted as his wife’s agent. It did not appear that the husband was in any way liable on the note. Judgment was entered on the note and a rule was taken to open the judgment. The court discharged the rule. Held, no error.</p>