Pfeiffer v. Safe Deposit & Trust Co.

Supreme Court of Pennsylvania November 8, 1897

Pfeiffer v. Safe Deposit & Trust Co., 183 Pa. 197 (Pa. 1897)

38 A. 622; 1897 Pa. LEXIS 738

Dean, Fell, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

. .The only assignments of error are to the refusal of the learned trial judge to affirm defendant’s first, second and third points for charge, in each of which he was requested to give binding instructions in favor of the defendant and thus, in effect, withdraw the case from the consideration of tbe jury. In view of the evidence properly before the jury this could not have been done. It presented questions of fact which were properly for their consideration and determination. The case was accordingly submitted to them with instructions of which the defendant is not here complaining, and a verdict for plaintiff was rendered. There is nothing in the record to justify a reversal of the judgment entered on that verdict.

Judgment affirmed.

Reference

Full Case Name: Charles J. Pfeiffer, Administrator of Anna K. Kalbfell v. The Safe Deposit and Trust Company of Pittsburg, Administrator, d. b. n. c. t. a. of the estate of John Kalbfell
Cited By: 1 case
Status: Published
Syllabus: Husband and wife- — Property of wife in the hands of husband — Evidence. In an action against the husband’s administrator by a wife’s executor to recover money of the wife, a verdict for the plaintiff will be sustained where the evidence tends to show that the wife had a separate estate at the time of her marriage; that the husband collected the wife’s money from her debtors, and that the wife had on a number of occasions demanded from her husband a mortgage or judgment to secure her money, and there was no evidence that he had ever paid over to her the money collected.