Gaston v. Vitte
Superior Court of Pennsylvania
Appeal, No. 153, April T., 1917, by defendant, from order of C. P. Allegheny Go., Jan. T., 1917, No. 1651, dismissing appeal from judgment of County Court in case of H. A . Gaston v. Martha P. Vitte and Paul R. Vitte. Rule for appeal from County Court. . Before MAcFARLANE, J. From the record it appeared that the case was tried in the County Court without a jury.
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Appeal, No. 153, April T., 1917, by defendant, from order of C. P. Allegheny Go., Jan. T., 1917, No. 1651, dismissing appeal from judgment of County Court in case of H. A . Gaston v. Martha P. Vitte and Paul R. Vitte. Rule for appeal from County Court. . Before MAcFARLANE, J. From the record it appeared that the case was tried in the County Court without a jury. The court found against the wife who claimed to be a surety on the. note in suit which she had signed with her husband. The facts appear by the opinion of the Superior Court. Error assigned was in discharging rule for appeal.
1Opinion of the Court
Opinion by
Trexler, J.,
This court held in Scharff v. Stump, 22 Pa. Superior Ct. 14, that “where in a suit on a promissory note signed by a husband and wife, all the testimony goes to show that the wife signed as surety for the husband, it is proper for the court to leave the case to the jury on the credibility of the witnesses.” The present case was brought in the county court of Allegheny County and tried before a judge without a jury. The note in question was signed by husband and wife. They testified that she was surety for him and that the money was to be used in his business and that he…
2Cases cited4 opinions
- Yeany, ex rel. Gold Standard National Bank v. ShannonSupreme Court of Pennsylvania · 1917
- Herr v. ReinoehlSupreme Court of Pennsylvania · 1904
- Farmers & Merchants Bank v. DonnellySupreme Court of Pennsylvania · 1915
- Scharff v. StumpSuperior Court of Pennsylvania · 1903
3Cited by2 opinions
- First National Bank v. Fretz, Pennsylvania Court of Common Pleas, Bucks County1937
- Lit Bros. v. HareSuperior Court of Pennsylvania · 1918