Oswald v. Jones
Supreme Court of Pennsylvania
Appeal, No. 446, Jan. T., 1915, by plaintiff, from judgment of C. P. Huntingdon Co., May T., 1912, No. 146, for defendant n. o. v., in case of Y. A. Oswald v. Margaret A. Jones and H. D. Taylor. Assumpsit on a promissory note. The facts appear in the following opinion of Woods, P. J., sur defendant’s motion for a new trial and for judgment n. o. v.: The foregoing case was tried before a jury, who found for the plaintiff.
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Appeal, No. 446, Jan. T., 1915, by plaintiff, from judgment of C. P. Huntingdon Co., May T., 1912, No. 146, for defendant n. o. v., in case of Y. A. Oswald v. Margaret A. Jones and H. D. Taylor. Assumpsit on a promissory note. The facts appear in the following opinion of Woods, P. J., sur defendant’s motion for a new trial and for judgment n. o. v.: The foregoing case was tried before a jury, who found for the plaintiff. A motion for judgment n. o. v. was filed, and.subsequently motion and reasons for new trial. The defendant is a married woman and as such she alleged that the note was given…
1Opinion of the Court
Per Curiam,
The uncontradicted testimony in this case was that the husband of the appellee wished to borrow money from the appellant for the purpose of enabling him to engage in the hotel business. When he offered to give his wife as one of the sureties on his note, the appellant, knowing that she could not legally incur such liability, demurred, and his claim is that he then lent the money directly to her. The testimony conclusively shows that “The whole transaction was a transparent device adopted by the plaintiff and the husband, to evade an express statutory enactment: to create, by form,…
2Cases cited1 opinion
- R. Patrick & Co. v. SmithSupreme Court of Pennsylvania · 1895
3Cited by6 opinions
- Johnson's Admr. v. Rutland RailroadSupreme Court of Vermont · 1919
- Newhall v. ArnettSupreme Court of Pennsylvania · 1924
- Western National Bank v. LevinSupreme Court of Pennsylvania · 1938
- Scott v. BedellSupreme Court of Pennsylvania · 1920
- McKean v. Enburg Et Ux.Supreme Court of Pennsylvania · 1936
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