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Frankford Trust Co. v. Wszolek

Frankford Trust Company v. Wszolek, Appellant, Et Al.

Frankford Trust Co. v. Wszolek, 183 A. 52 (Pa. 1936)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
January 7, 1936
Docket
Nos. , 355
Judges
Kephart, Schaffer, Drew, Linn, Barnes
Citations
183 A. 52320 Pa. 4371936 Pa. LEXIS 617

Opinion of the Court — Per Curiam

Per Curiam, Appellant, a married woman, seeks to be relieved of her obligation on a note because she claims to have signed as accommodation maker. A note or obligation given by a married woman is now presumed to be valid *438 and the burden is upon her to prove its invalidity when she alleges that it comes within the sole exception to her right to contract. We recently stated in Newtown Title & Trust Co. v. Underwood, 317 Pa. 212 : “A loan having been made to the wife, and she having given her obligation for it, she is liable to plaintiff, although she and her husband joined in the obligation and though she borrowed the money intending to give or loan it to him and plaintiff knew this was so.” There was ample evidence to sustain the jury’s finding that she intended to assume a primary obligation on this note. There is no law which prevents a married woman from paying her husband’s debts, or giving him money to use in his business or for other purposes even though she may borrow it: Yeaney v. Shannon, 256 Pa. 135, 138 ; Scott v. Bedell, 269 Pa. 167, 168 . The court below did not abuse its discretion in refusing to award a new trial or to enter judgment n. o. v. Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1936: 21937: 11938: 11939: 21940: 11943: 119362026peak 1936 · 2

Relies on it most ⓘ

  1. Hart v. Stevens112 F.2d 934 (3d Cir. 1940)
  2. McKean v. Enburg Et Ux.188 A. 835 (Pa. 1936)
  3. Cooper v. Lucas Et Ux.33 A.2d 466 (Pa. Super. Ct. 1943)
  4. Peoples-Pittsburgh Tr. Co. v. McCaffrey Et Ux.9 A.2d 890 (Pa. 1939)
  5. Western National Bank v. Levin200 A. 71 (Pa. 1938)
  6. Hastings Bank of Hastings v. Covitch188 A. 129 (Pa. 1936)

Most recent

  1. Cooper v. Lucas Et Ux.33 A.2d 466 (Pa. Super. Ct. 1943)
  2. Hart v. Stevens112 F.2d 934 (3d Cir. 1940)
  3. Peoples-Pittsburgh Tr. Co. v. McCaffrey Et Ux.9 A.2d 890 (Pa. 1939)
  4. York Trust Company v. Vandersloot6 A.2d 498 (Pa. 1939)
  5. Western National Bank v. Levin200 A. 71 (Pa. 1938)
  6. First National Bank v. Fretz29 Pa. D. & C. 65 (1937)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Yeany, ex rel. Gold Standard Nat'l Bank v. Shannon, 100 A. 527 (Pa. 1917) 21
Newtown T. T. Co. v. Underw'd (Et Al.), 177 A. 27 (Pa. 1935) 19
Scott v. Bedell, 112 A. 43 (Pa. 1920) 9

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