Hause v. Gilger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county. This was an action of assumpsit, commenced March 3d 1862, by Elizabeth Hause against J. S. G-ilger, administrator, &c., of A. W. Hause, deceased, husband of the plaintiff, for money alleged to have been lent by her to him in his lifetime. Hause had been convicted of counterfeiting and imprisoned for seven years. The evidence of the loan was in letters and declarations of Hause.
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Error to the Court of Common Pleas of Northumberland county. This was an action of assumpsit, commenced March 3d 1862, by Elizabeth Hause against J. S. G-ilger, administrator, &c., of A. W. Hause, deceased, husband of the plaintiff, for money alleged to have been lent by her to him in his lifetime. Hause had been convicted of counterfeiting and imprisoned for seven years. The evidence of the loan was in letters and declarations of Hause. In one letter to his wife he spoke of “ the $135 you paid for mein another, “ I will pay you all due debts and demands there was also an order to her to pay…
1Opinion of the Court
The opinion of the court was delivered, February 8th 1866, by
Agnew, J.
It was by no means clear upon the evidence how much Hause admitted that his wife had paid for him, or that the payments were by way of loan, But conceding there was some evidence on these points to go to the jury, it was very uncertain *413from what source the money came. There is no direct evidence that it came from her separate estate. It is quite as probable, so far as we can discover, it came, from the avails of the business carried on by her husband, and afterwards by herself, during the seven years he lay in prison. ' On…
2Cited by2 opinions
- Dalley's Assigned EstateSupreme Court of Pennsylvania · 1901
- Miller v. Tice, Pennsylvania Court of Common Pleas, Northampton County1929