Strawbridge v. Funstone
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Columbia county. Mary Strawbridge against Jesse Funstone. This was an action of assumpsit, in which the question arose whether there was any cause of action laid in the plaintiff’s declaration, which was as follows: Columbia County, ss, Jesse Funstone, late of the county of Columbia, yeoman, was summoned to answer Mary Strawbridge of a plea that he render unto her $475, that he owes and unjustly detains, &c.
Read the full summary
ERROR to the Common Pleas of Columbia county. Mary Strawbridge against Jesse Funstone. This was an action of assumpsit, in which the question arose whether there was any cause of action laid in the plaintiff’s declaration, which was as follows: Columbia County, ss, Jesse Funstone, late of the county of Columbia, yeoman, was summoned to answer Mary Strawbridge of a plea that he render unto her $475, that he owes and unjustly detains, &c. "And whereupon the said Mary Strawbridge, by Joshua W. Comly, her attorney, comes and complains for that whereas heretofore, to wit, on the twentieth day of…
1Per curiam
The claim did not touch the freehold of the wife, but only her compensation for owelty of a partition already made, which was personal; and her husband therefore had power to bind her by his submission of it. The amount was awarded exclusively to herself; and as her husband might recover it, or leave it to her chance of survivorship, his death placed her as she would have stood had she herself entered into the submission when sole, and remained so. It appears, therefore, that a good cause of action was set out on the declaration.
Judgment reversed, and a procedendo awarded.
2Cited by1 opinion
- Darlington's AppropriationSupreme Court of Pennsylvania · 1850