101 Pa. Super. 62 | Pa. Super. Ct. | 1930
Argued October 8, 1930. On March 27, 1928, plaintiff, engaged in the business of making loans, entered a judgment in the court below upon a note for $500, signed by defendants, who are husband and wife; it was dated March 24, 1928, contained a warrant of attorney to confess judgment and was given to secure the repayment, in instalments, of a loan.
Fanny Druian, alleging that she signed the note "as surety for her husband," filed her petition to open the judgment as to her; plaintiff answered, denying that she signed as surety for her husband and averring that the loan had been made to her. Depositions were taken, from which it appeared that $150 had been received by plaintiff on account of the loan, and the court below, after requiring plaintiff to file a remittitur *64
"of all sums in excess of $350," discharged the rule. From this order Fanny Druian now appeals and our inquiry is whether the court below abused its discretion: The Art-Asceptible Furniture Company v. Maratta,
Both witnesses testified, under objection, to certain acts and declarations of appellant's husband. It is apparent from the evidence that he had knowledge of facts which, if truthfully stated, would have an important bearing upon the controversy, but, for some undisclosed reason, neither side saw fit to take his deposition. Appellant invokes the legislative enactment of section 2 of the Act of June 8, 1893, P.L. 344, that a married woman "may not become accommodation indorser, maker, guarantor or surety for another." This provision applies only to the technical contract of endorsement, guaranty or suretyship included in the words of the act, and it has been ruled that while a wife may not become surety for her husband there is no law to prevent her paying his debts or giving him money to use in his business, even though she may have borrowed it: Yeany v. Shannon,
This was equivalent to saying that appellant had failed to show by preponderating evidence (Kaier v. O'Brien,
We cannot say, upon a review of the whole record, that the court below abused its discretion in refusing appellant's petition to open the judgment as to her and therefore overrule the assignments.
Order affirmed.