Flattery v. Flattery
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county: Of October and November Term 1879, No. 275. Assumpsit by' Mary Flattery, by her next friend, Samuel Shoetaaker, against William Flattery. The facts were: William Flattery owed his wife Mary Flattery $2740, her separate funds, which he had received from her.
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Error to the Court of Common Pleas of Cambria county: Of October and November Term 1879, No. 275. Assumpsit by' Mary Flattery, by her next friend, Samuel Shoetaaker, against William Flattery. The facts were: William Flattery owed his wife Mary Flattery $2740, her separate funds, which he had received from her. After-wards she was compelled by cruel treatment to leave his abode, and petition for a divorce, which was decreed the 2d April 1877. The case was affirmed by this court, November 4th 1878. (See 7 Norris 27.) After the decree in divorce below, Mary Flattery brought the present action.…
1Opinion of the CourtJustice Sterrett
The defendant in error loaned to her husband money of her separate estate, and accepted as security therefor his note, in the following form:—
“ Six years after date, I promise to pay to Samuel Shoemaker, in trust for my wife, Mary Flattery, two thousand five hundred and forty dollars, money loaned by her to me; and in case of her death previous to this date, I agree to pay the above amount within one year after her death to said trustee for her heirs, as she may by will direct, and without interest until paid.
December 4th 1875. William Flattery.”
In July 1876 she instituted proceedings fór a…
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