Wallaesa v. Wallaesa

Opinion by

Ross, J.,

This appeal raises the question whether a wife may recover from her husband, in an action of assumpsit, while the parties are separated but undivorced, one-half of the proceeds of the face value of a note which was executed to the parties in return for money lent to the maker by them during the period of their cohabitation as husband and wife.

The complaint alleges that $400, representing half of the face value of the note, was advanced by plaintiff out of her separate funds (the other half apparently having been supplied by defendant); that the promissory judgment note in…