Hazleton National Bank v. Kintz
Superior Court of Pennsylvania
Appeal, No. 53, Jan. T., 1904, by-defendant, from order of C. P. Carbon Co., Jan. T., 1899, No. 179, discharging rule to open judgment on case of First National Bank of Hazleton v. Matilda Kintz. Rule to open judgment. Heydt, P. J., found tbe facts to be as follows : 1. On October 28, 1893, John A. Kintz executed to tbe First National Bank of Hazleton a note for $500 payable one year after date, containing a confession of judgment.
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Appeal, No. 53, Jan. T., 1904, by-defendant, from order of C. P. Carbon Co., Jan. T., 1899, No. 179, discharging rule to open judgment on case of First National Bank of Hazleton v. Matilda Kintz. Rule to open judgment. Heydt, P. J., found tbe facts to be as follows : 1. On October 28, 1893, John A. Kintz executed to tbe First National Bank of Hazleton a note for $500 payable one year after date, containing a confession of judgment. On this note judgment was entered November 11,1893, to No. 61, October term, 1893, in tbe court of common pleas of Carbon county. 2. At tbe time of tbe entry of…
1Opinion of the Court
Opinion by
Smith, J.,
Most of the questions of law arising in this case are too well settled to require either discussion or a citation of authorities.
As to the contractual capacity of the defendant, a married woman has full power to bind herself in any manner except as a surety, by any species of obligation, and the established rules of law relating to contracts apply to those made by her. But she cannot, in any form or through any device, become bound for the debt or default of another, except by deed or mortgage.
As to the obligation given by the defendant, it required no seal to authorize a…
2Cases cited2 opinions
- Lorah ex rel. Evans v. NissleySupreme Court of Pennsylvania · 1893
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
3Cited by13 opinions
- Hampton v. Congress Building & Loan Ass'nSupreme Court of Pennsylvania · 1930
- Italo-French Produce Co. v. ThomasSuperior Court of Pennsylvania · 1906
- Greater Adelphia Building & Loan Ass'n v. TrillingSuperior Court of Pennsylvania · 1935
- Brisbin v. BogolyUnited States District Court · 1944
- Hagedorn v. HaberSuperior Court of Pennsylvania · 1916
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