Legal Opinion

Murray v. Keyes

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 12 opinions

Error to the Common Pleas of Wayne county. This was an action of assumpsit by Commodore 0. Murray and W. S. Corwin, trading as C. C. Murray & Co., against John Keyes and Abigail Keyes, his wife, for goods sold and delivered to the defendants, with which it was sought to charge the wife’s separate estate, as necessaries furnished for the support and maintenance of the family.

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Error to the Common Pleas of Wayne county. This was an action of assumpsit by Commodore 0. Murray and W. S. Corwin, trading as C. C. Murray & Co., against John Keyes and Abigail Keyes, his wife, for goods sold and delivered to the defendants, with which it was sought to charge the wife’s separate estate, as necessaries furnished for the support and maintenance of the family. The goods were sold by the plaintiff to John Keyes in 1854 and 1855, and were charged to him upon their books. The defendants resided on a tract of land owned by Mrs. Keyes; and the articles for which the debt was…

1Opinion of the Court

The opinion of the court was' delivered by

Woodward, J.

This was an action of assumpsit against Keyes and wife; brought with a view of charging her separate real estate with the payment of the debt due to plaintiffs.

The husband was properly joined, but the original narr., which contained only the ordinary money counts, was wholly insufficient to affect the wife’s separate estate. In general, she is not liable for debts contracted during coverture. The instances in which she is liable are exceptional, and are specified in the proviso to the 6th section of the Married Woman’s Act of 11th April…

2Cited by12 opinions

  1. Krueger v. NicolaSupreme Court of Pennsylvania · 1903
  2. Wilson v. WilsonSuperior Court of Pennsylvania · 1936
  3. Philadelphia National Bank v. BuchmanSupreme Court of Pennsylvania · 1934
  4. Commonwealth v. WitmanSupreme Court of Pennsylvania · 1907
  5. Clothier v. WolffSuperior Court of Pennsylvania · 1917

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