Kutz's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of BerJcs county. This Ayas an appeal by Daniel B. Kutz and Sarah his Ayife, in right of said Sarah, from the decree of the court, distributing the fund in the hands of J. Daniel Wanner, assignee of William Heidenreich and Daniel B. Kutz.
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Appeal from the Common Pleas of BerJcs county. This Ayas an appeal by Daniel B. Kutz and Sarah his Ayife, in right of said Sarah, from the decree of the court, distributing the fund in the hands of J. Daniel Wanner, assignee of William Heidenreich and Daniel B. Kutz. The case Ayas this : — William Heidenreich and Daniel B. Kutz Avere partners, doing business as merchants in the name of Heidenreich & Kutz, in KutztOAvn, in the county of Berks, prior to and on the 25th of November 1845, Avhich Avas continued until the 8th of August 1857. On the 25fch of-November 1845, Sarah Kutz,-the Avife of…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
In Towers v. Hagner, 3 Whart. 48, it was ruled that when a wife lends the income of her separate estate to her husband, the Statute of Limitations does not begin to run against her claim until the death of the husband. The reason given was, that until then she cannot sue. The debt exists, but the remedy is suspended. The same reason exists in the present case, and is equally efficient to protect the appellant against the operation of the Statute of Limitations. On the 25th of November 1845, she lent $500 to her husband and William…
2Cases cited4 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
- Dennison v. NighSupreme Court of Pennsylvania · 1833
- Duffy v. Insurance Co.Supreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Freiler v. KearSupreme Court of Pennsylvania · 1889