Stewart v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 270, Jan. T., 1913, by plaintiff, from order of C. P., Fayette Co., March T., 1912, No. 418, opening judgment in case of William S. Stewart, surviving executor of John S. Stewart, deceased, v. Betty P. Stewart, alias Elizabeth P. Stewart, David Stewart and Samuel S. Stewart. Rule to open a judgment entered by confession on a judgment note. Before Umbel, P. J. From the record, it appeared that John S. Stewart, Samuel S. Stewart and Robert E. Stewart were brothers.
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Appeal, No. 270, Jan. T., 1913, by plaintiff, from order of C. P., Fayette Co., March T., 1912, No. 418, opening judgment in case of William S. Stewart, surviving executor of John S. Stewart, deceased, v. Betty P. Stewart, alias Elizabeth P. Stewart, David Stewart and Samuel S. Stewart. Rule to open a judgment entered by confession on a judgment note. Before Umbel, P. J. From the record, it appeared that John S. Stewart, Samuel S. Stewart and Robert E. Stewart were brothers. David Stewart was a son of Samuel S. Stewart and Betty P. Stewart was his wife. On June 23, 1905, John S. Stewart made…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The learned court below made absolute the rule to show cause why the judgment should not be opened and the defendant, Betty P. Stewart, let into a defense. Prom this order the present appeal was taken. The defense relied on is that Betty P. Stewart, a married woman, signed the note as surety for her husband, and that such an undertaking by a married woman not only contravenes public policy, but offends against a positive *347statute. This of course is the law and counsel for appellant concede it to be so. It is argued, however, that the evidence taken in the court…
2Cases cited4 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Steinmeyer v. SiebertSupreme Court of Pennsylvania · 1899
- Boyd v. KirchSupreme Court of Pennsylvania · 1912
- Sweitzer v. CrowleySupreme Court of Pennsylvania · 1913
3Cited by4 opinions
- Warren Savings Bank & Trust Co. v. FoleySupreme Court of Pennsylvania · 1928
- Johnson v. NippertSupreme Court of Pennsylvania · 1926
- Michaels v. MoritzSuperior Court of Pennsylvania · 1938
- Nelly v. DiskinSuperior Court of Pennsylvania · 1934