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384 Pa. 173

McGary v. Lewis

Supreme Court of Pennsylvania

Decided January 13, 1956

Supreme Court of Pennsylvania · decided 1956-01-13

Good law ✅— No negative treatment on recordhow we know

Decided 1956-01-13

How this case has been cited

Cited by 22 later decisions — most recently February 2004

12 state decisions

80195619601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Dissenting Opinion by

Mb. Justice Jones:

¶2I would reverse the decree in the equity case (Appeal No. 305) and dismiss the appeal from the judg*184meat in the sheriff’s interpleader proceeding (No. 828).

¶3• In the equity case, the plaintiff sought to impress against Robert M. Lewis and his wife, jointly, his judgment against Robert M. Lewis, individually. I agree that a general liability cannot be so imposed notwithstanding the wife stood by and tacitly, if not culpably, saw her husband obtain $2,500 from the plaintiff as a part payment on. the aborted auction sale of the Lewis’ hotel property, owned by them by the entireties, as the. property of the husband, individually. That $2,500,-by diverse transfers, was used by the Houtzdale Bank to satisfy a mortgage, in like amount, of the Lewises jointly on the hotel property. In other words, Mrs. Lewis and her husband have wrongfully received the benefit of the plaintiff’s $2,500 which he is unable to collect from the husband alone out of the jointly held hotel property. In my opinion, the facts present a clear case of unjust enrichment of both Mrs. Lewis and her husband for which the plaintiff’s judgment against Lewis should be reformed so as to be against Lewis and his wife, jointly, with the lien thereof limited to the hotel property. This would be in accordance with equitable principles and a specific prayer of the bill of complaint.

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