Knecht v. Knecht
Supreme Court of Pennsylvania
Appeal, No. 8, Jan. T., 1918, by defendant, from judgment of C. P. Berks Co., Oct. T., 1916, No. 28, on verdict for plaintiff, in case .of S. Kathryn Knecht v. Elmer Knecht. Assumpsit for money had and received to plaintiff’s use. Before Wagner, J. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $1,747.30 and judgment thereon. ■ Defendant appealed.
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Appeal, No. 8, Jan. T., 1918, by defendant, from judgment of C. P. Berks Co., Oct. T., 1916, No. 28, on verdict for plaintiff, in case .of S. Kathryn Knecht v. Elmer Knecht. Assumpsit for money had and received to plaintiff’s use. Before Wagner, J. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $1,747.30 and judgment thereon. ■ Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v., answers to points and instructions to the jury-
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff avers she is the common-la'w wife of defendant and sues in assumpsit to recover money she claims to have given defendant from time to time out of her earnings, under agreement to deposit in bank in their joint names that the fund so deposited might be drawn by plaintiff at her pleasure. Defendant denied such agreement, as well as the fact of marriage, and testified to an understanding that plaintiff should pay her expenses and that the money should be used for that purpose, she to receive only the balance of the fund. This version of the agreement was…
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