Sibbs v. Phila. Saving Fund Society
Supreme Court of Pennsylvania
Appeal, No. 170, July T., 1892, by plaintiff, Samuel S. Sibbs, Admr. d. b. n. of Margaret Berger, deo’d, from judgment of C. P. No. 1, Phila. Co., June T., 1892, No. 138, discharging rule for judgment for want of sufficient affidavit of defence. Assumpsit to recover amount of bank deposit. Rule for judgment for want of sufficient affidavit of defence. The affidavit of defence set out the facts recited in the opinion of the Supreme Court. The court below discharged the rule.
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Appeal, No. 170, July T., 1892, by plaintiff, Samuel S. Sibbs, Admr. d. b. n. of Margaret Berger, deo’d, from judgment of C. P. No. 1, Phila. Co., June T., 1892, No. 138, discharging rule for judgment for want of sufficient affidavit of defence. Assumpsit to recover amount of bank deposit. Rule for judgment for want of sufficient affidavit of defence. The affidavit of defence set out the facts recited in the opinion of the Supreme Court. The court below discharged the rule. Error assigned was discharge of rule.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The question in this case is raised on the following facts. John Berger and Margaret Berger had, at some time in the past, been lawfully married. She did not continue to live with her husband. Some time after their separation, and while representing herself to be a widow, she married G. W. Kurtz, with whom she lived, as his wife, till her death. Prior to her marriage with Kurtz she had deposited, in her own name, a sum of money in the defendant bank, which she allowed to remain undisturbed while she lived. After her death in 1888, Kurtz took letters of…
2Cases cited5 opinions
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Stair v. York National BankSupreme Court of Pennsylvania · 1866
- Meiser v. EckhartSupreme Court of Pennsylvania · 1852
- Slaymaker v. Farmers' National BankSupreme Court of Pennsylvania · 1883
- Little v. WaltonSupreme Court of Pennsylvania · 1854
3Cited by7 opinions
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- Catanzaritti v. BiancoSuperior Court of Pennsylvania · 1938
- McCreery v. BankWest Virginia Supreme Court · 1904
- Parkin v. Safe Deposit BankSuperior Court of Pennsylvania · 1913
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