WALLAESA v. WALLAESA


174 Pa.Super. 192 (1953)

Wallaesa, Appellant, v. Wallaesa.

Superior Court of Pennsylvania.

November 11, 1953.


Attorney(s) appearing for the Case

Alfred M. Nittle, for appellant.

John Henry Cericola, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER and WRIGHT, JJ.


OPINION BY ROSS, J., November 11, 1953:

This appeal raises the question whether a wife may recover from her husband, in an action of assumpsit, while the parties are separated but undivorced, one-half of the proceeds of the face value of a note which was executed to the parties in return for money lent to the maker by them during the period of their cohabitation as husband and wife.

The complaint alleges that $400, representing half of the face value of the...

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