236 Pa. 26 | Pa. | 1912
Opinion by
The judgment which is the subject of the present controversy was entered by confession, under warrant of attorney contained in a single bill, of which M. E. McDonald and Martha L. McDonald were the makers. The makers were husband and wife. The bill concluded as follows: “And I, Martha L. McDonald, do hereby certify that this note is given for my personal use and benefit and for the improvement of my separate estate and that I do not make it as accommodation endorser, maker, guarantor, or surety for any other person.” On the face of the bill, though not included in the bill itself, this appears: “Collateral for note in First National Bank, Scranton, Pa., or any renewal thereof.” The note here referred to was one given by the husband, M. E. McDonald, to the appellant, and by the latter endorsed and discounted at the Scranton National Bank. The bill and note were each for $5,000, and were executed contemporaneously 19 September, 1905. The note represented the individual debt of the husband; he received the proceeds of the discount and applied them to his own purposes; no portion of the money was expended for the personal benefit of the wife or in the improvement of her separate estate; there were no business transactions or relations between the wife and the appellant; the single bill was signed by the wife at the instance and request of the husband, for his own convenience and uses in connection with the discounting of his note. These are the facts found by the referee, and concurred in by the chancellor. It is only necessary to say that the proof in support of them was ample and conclusive. On the application of the wife, alleging these facts substantially, the judgment was opened. The final result was
The assignments of error are overruled and the judgment is affirmed.