Legal Opinion

Abell v. Chaffee

Supreme Court of Pennsylvania

Decided April 10, 1893No. Appeal, No. 33PublishedCited by 12 opinions

Appeal, No. 33, Jan T., 1893, by defendant, Nancy M. Chaffee, from order of C. P. Bradford Co., Dec. T., 1889, No. 480, discharging rule by plaintiff, Ettie Abell, to strike off judgment. Rule to strike off judgment. From an agreement of facts in the nature of a case stated it appeared that defendant, a married woman, borrowed from plaintiff $700 to pay off a lien upon her land, and that the money was applied to that purpose.

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Appeal, No. 33, Jan T., 1893, by defendant, Nancy M. Chaffee, from order of C. P. Bradford Co., Dec. T., 1889, No. 480, discharging rule by plaintiff, Ettie Abell, to strike off judgment. Rule to strike off judgment. From an agreement of facts in the nature of a case stated it appeared that defendant, a married woman, borrowed from plaintiff $700 to pay off a lien upon her land, and that the money was applied to that purpose. At the time the money was borrowed defendant gave to plaintiff a judgment note upon which the judgment in dispute was entered. It did not appear by the note or warrant…

1Opinion of the Court

Per Curiam,

We might well affirm this judgment on the opinion of the learned court below, and but a few words in addition are necessary now. In the recent case of Latrobe v. Fritz, 152 Pa, *257224, we considered fully a question almost precisely similar to the one arising upon the present record. There a married woman borrowed money for the security of which she confessed a judgment to the lender, and used the money in paying for the erection of one or more buildings on land belonging to her. We held the judgment to be a good and valid exercise of the contracting power conferred upon her by…

2Cases cited1 opinion

  1. Koechling v. Henkel, Pennsylvania Court of Common Pleas, Lancaster County1891

3Cited by12 opinions

  1. Dulin v. McCawWest Virginia Supreme Court · 1894
  2. Stephan v. HudockSuperior Court of Pennsylvania · 1897
  3. Campe v. HorneSupreme Court of Pennsylvania · 1893
  4. Stahr v. BrewerSupreme Court of Pennsylvania · 1898
  5. Ponevyezh Building & Loan Ass'n v. ShandelmanSuperior Court of Pennsylvania · 1933

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