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.
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.
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
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:
"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 ...