Parke v. Kleeber & Brother
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of assumpsit brought by Henry and Augustus Kleeber, partners, doing business as H. Kleeber & Brother, v. Catharine W. Parke and Robert W. Parke. Affidavit and copy of note of defendant, for $125, was filed, followed by judgment for want of an affidavit of defence. On a rule granted by the court the judgment was opened. The defendants pleaded non assumpsit, leave, set-off, &c.
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Error to the Common Pleas of Allegheny county. This was an action of assumpsit brought by Henry and Augustus Kleeber, partners, doing business as H. Kleeber & Brother, v. Catharine W. Parke and Robert W. Parke. Affidavit and copy of note of defendant, for $125, was filed, followed by judgment for want of an affidavit of defence. On a rule granted by the court the judgment was opened. The defendants pleaded non assumpsit, leave, set-off, &c. On leave granted the plaintiffs’ attorney filed additional counts as an amended declaration, on which the parties went to trial. Catharine W. Parke, wife…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
— The defendants in error, plaintiffs below, brought this action against a husband and wife, with a view of charging the wife’s separate estate with the price of a piano. Upon the evidence the plaintiffs’ case was well made out. The proof was that the wife went to the plaintiffs’ shop and ordered the piano in person, — that she negotiated the price and terms of payment, — that it was charged to her on the plaintiffs’ books,— and that she was the first signer of the three notes given for the price, her husband undersigning, not only that he…
2Cited by9 opinions
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- Detwiler v. BowersSuperior Court of Pennsylvania · 1899
- Johns Hopkins Hospital v. DelhamerSupreme Court of Pennsylvania · 1969
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