Clement v. Clement

The promise, if it may be so construed, made by the plaintiff to the defendant to refrain from exacting interest on the notes, was admittedly made some time subsequent to their execution and delivery, * and so was not a part of that transaction. It was made, too, if at all, long prior to the suit for enforcement and was, therefore, not in the course of that proceeding. It is difficult, then, to consider the act as a waiver, such as might be effectual without the support of a consideration. 56 Am. Jur. 100 n. 5. “Waiver,” has been defined as “an intentional relinquishment of a known right.”…