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STERN v. STERN (06/04/54)

June 4, 1954

STERN, APPELLANT,
v.
STERN



Appeals, Nos. 205 and 219, March T., 1953, from orders of Court of Common Pleas of Allegheny County, July T., 1953, in Equity, No. 381, in case of Helen Stern v. Morris Stern and Mellon National Bank and Trust Company. Orders affirmed; reargument refused June 28, 1954. Bill in equity. Before MONTGOMERY, J. Order entered dissolving preliminary injunction; defendant's motion to dissolve injunction absolutely granted and final order entered. Plaintiff appealed.

COUNSEL

John A. Metz, Jr., with him Joseph D. Ripp and Metz & Metz, for appellant.

Albert D. Brandon, with him Joseph G. Robinson, William E. Miller, Jr., and Reed, Smith, Shaw & McClay, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.

Author: Musmanno

[ 378 Pa. Page 201]

OPINION BY MR. JUSTICE MUSMANNO

The troubles involved in this lawsuit would probably never have occurred if the defendant, Morris Stern, did not have an overly developed sense of the

[ 378 Pa. Page 202]

    dramatic. On April 11, 1953, while his wife was out of the apartment in which they lived, he wrote the following note and left it where her eyes would fall upon it when she returned:

"April 11, 1953

"Dear Helen:

"I've been thinking this over very seriously before I came to a final conclusion. I believe it will be better for both of us if we separated. I just can't get over what has happened to me in past few weeks, so I've decided to leave before something drastically happens to one of us. You have been accusing me for a lot things, but I've always overlooked them. I just can't take it any longer.

"I am leaving everything to you, and you can do anything you wish. I am also leaving you a $3000.00 check. I haven't told a soul about this, so it is up to you to tell them if you care. I don't ...


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