Gillan v. West
Supreme Court of Pennsylvania
Appeal, No. 270, Jan. T., 1910, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1909, No. 101, on verdict for plaintiff in case of Arthur W. Gillan, Administrator of Clara A. Funk, deceased, v. Thomas H. West, Guardian of Jacob R. Funk. Assumpsit on a promissory note under seal. Before Kooser, P. J., specially presiding.
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Appeal, No. 270, Jan. T., 1910, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1909, No. 101, on verdict for plaintiff in case of Arthur W. Gillan, Administrator of Clara A. Funk, deceased, v. Thomas H. West, Guardian of Jacob R. Funk. Assumpsit on a promissory note under seal. Before Kooser, P. J., specially presiding. At the trial it appeared that Clara A. Funk and Jacob R. Funk were husband and wife, and that the latter made the note in suit, dated April 1,1881, in the sum of $3,500, payable to Clara A. Funk. Mrs. Funk died on April 13, 1893. In December, 1906, Jacob R. Funk…
1Opinion of the Court
Opinion by
Mu. Justice Potter,
The substantial question raised by this appeal is as to the right of the wife to bring suit upon a promissory note against her husband during coverture. This question was distinctly answered in the negative in Small v. Small, 129 Pa. 366. And the ruling was followed in Kennedy v. Knight, 174 Pa. 408, where it was said in an opinion approved by this court, that on the authority of Small v. Small, supra, the principle that a married woman cannot bring suit against her husband while they are living to*76gether, is to be regarded as firmly established. It was also held…
2Cases cited2 opinions
- Small v. SmallSupreme Court of Pennsylvania · 1889
- Kennedy v. KnightSupreme Court of Pennsylvania · 1896
3Cited by7 opinions
- Morrish v. MorrishSupreme Court of Pennsylvania · 1918
- Lineaweaver's EstateSupreme Court of Pennsylvania · 1925
- Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918
- Cardamone v. Cardamone, Pennsylvania Court of Common Pleas, Jefferson County1927
- Jackson v. Jackson, Pennsylvania Court of Common Pleas, Franklin County1968
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