Logue v. Long
Logue v. Long
Opinion of the Court
Opinion by
The question involved,in this appeal is whether the note in suit represents a primary obligation- Of appel
March 11, 1939, appellant’s husband was committed to jail for failure to pay a fine and costs and make restitution in a certain amount, in compliance with a sentence imposed upon him in 1934 following his conviction of a criminal charge in the Court of Quarter Sessions of Butler County. That night and again the following afternoon appellant went to plaintiff’s house and pleaded with plaintiff and his wife to furnish the money to get her husband released from jail. Plaintiff agreed to comply with her request. On the morning of March 13 he paid $2026.83 to the clerk of courts, and appellant’s husband was released from custody. That evening the note in suit was prepared, in the amount of $2490, and left at appellant’s home. The additional amount represented various other payments made by plaintiff to or for appellant or her husband. A few days later plaintiff stopped by and picked up the note. Both appellant and her husband had signed it as makers.
A note given by a married woman is presumed to be valid; if she asserts that she signed it as an accommodation maker, the burden of proof is upon her: First National Bank of Verona v. Walsh, 349 Pa. 241, 37 A. 2d 130; Southwestern National Bank v. Leibowitz, 320 Pa. 410, 182 A. 695; Bank v. Poore, 231 Pa. 362, 80 A. 525; DeFeo v. DiBacco, 162 Pa. Superior Ct. 608, 60 A. 2d 597. The issue in this case Avas submitted to a jury, which found that appellant had assumed a primary obligation on the note. The
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.