Troxell v. Stockberger

Supreme Court of Pennsylvania

Troxell v. Stockberger

105 Pa. 405, 1884 Pa. LEXIS 117

DecidedFebruary 20, 1884

StatusPublished

This text of 105 Pa. 405 (Troxell v. Stockberger) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Troxell v. Stockberger, 105 Pa. 405, 1884 Pa. LEXIS 117 (Pa. 1884).

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Opinion

The opinion of the court was filed March 3, 1884.

Per Curiam

: The fact that á husband acts as agent for his wife in buying and selling and in investing her money does not, without her- consent, transfer her property to him. The purpose of the Act of 1848 is to protect a married woman in the enjoyment of her separate property. It is not necessary that her property be exclusively in her own possession. It may be in the concurrent possession of herself and her husband, without causing a forfeiture of her right, of property. Holcomb v. Peoples’ Savings Bank, 11 Norris, 338.

In the present case the evidence fully justified the submission to the jury. We see no error in the charge nor in the answers to the points.

Judgment affirmed.

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The opinion of the court was filed March 3, 1884.

Per Curiam

: The fact that á husband acts as agent for his wife in buying and selling and in investing her money does not, without her- consent, transfer her property to him. The purpose of the Act of 1848 is to protect a married woman in the enjoyment of her separate property. It is not necessary that her property be exclusively in her own possession. It may be in the concurrent possession of herself and her husband, without causing a forfeiture of her right, of property. Holcomb v. Peoples’ Savings Bank, 11 Norris, 338.

In the present case the evidence fully justified the submission to the jury. We see no error in the charge nor in the answers to the points.

Judgment affirmed.

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Bluebook (online)

105 Pa. 405, 1884 Pa. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troxell-v-stockberger-pa-1884.