Gillan v. West
Gillan v. West
Opinion of the Court
Opinion by
The substantial question raised by this appeal is as to the right of the wife to bring suit upon a promissory note against her husband during coverture. This question was distinctly answered in the negative in Small v. Small, 129 Pa. 366. And the ruling was followed in Kennedy v. Knight, 174 Pa. 408, where it was said in an opinion approved by this court, that on the authority of Small v. Small, supra, the principle that a married woman cannot bring suit against her husband while they are living to
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- Husband and wife — Actions—Promissory note. 1. A wife cannot bring suit upon a promissory note against her husband during coverture. 2. In an action by the administrator of a married woman against the husband of the deceased on a promissory note, it is proper to exclude the period of the wife’s coverture in ascertaining the time at which the presumption of payment upon the note arose.