Steltzer v. Beatty
Superior Court of Pennsylvania
Appeal, No. 117, April T., 1916, by plaintiff, from judgment of C. P. Clarion Co., Aug. T., 1912, No. 252, on verdict for defendant in case of Margaret E. Steltzer v. E. G. Beatty, Jennie O. Beatty, and E. G. Beatty, Executor of the last will and testament of Jennie O. Beatty, deceased. Issue to determine validity of a judgment entered in 1897 against a husband and wife.
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Appeal, No. 117, April T., 1916, by plaintiff, from judgment of C. P. Clarion Co., Aug. T., 1912, No. 252, on verdict for defendant in case of Margaret E. Steltzer v. E. G. Beatty, Jennie O. Beatty, and E. G. Beatty, Executor of the last will and testament of Jennie O. Beatty, deceased. Issue to determine validity of a judgment entered in 1897 against a husband and wife. Before Sloan, P. J. Prom the record it appeared that a rule to open the judgment was made absolute on April 21,1914. - Other facts are stated in the opinion of the Superior Court. Errors assigned were in making absolute the…
1Opinion of the Court
Opinion by
Kephart, J.,
A note or other obligation given by a married woman is now presumed to be valid and if she alleges its invalidity, the burden is upon her to show that it comes within the exceptions to her right to contract made in the statute. A judgment confessed on such note at most *352is voidable and may be set aside only when it appears to have been unauthorized as provided by the act of assembly: Bank v. Poore, 231 Pa. 362. It is admitted that seventeen years ago the wife of the appellee signed a note with her husband. She knew at that time that she had signed a paper which authorized…
2Cases cited4 opinions
- Bank v. PooreSupreme Court of Pennsylvania · 1911
- Kennedy v. CarpenterSupreme Court of Pennsylvania · 1837
- Compher v. AnawaltSupreme Court of Pennsylvania · 1834
- Taylor v. YoungSupreme Court of Pennsylvania · 1872