Wesner v. Stein & Greenawalt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Berks county: Of January Term 1881, No. 72. Assumpsit, brought May 2d, 1879, by Willoughby Wesner against Moses Stein and Amos Greenawalt, upon the following promissory note. §500. Albany, April 1st 1870. One year after date, I promise to pay to the order of Willoughby Wesner Five hundred dollars, with interest, without defalcation, for value received. Moses Stein, Amos Greenawalt.
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Error to the Court of Common Pleas, of Berks county: Of January Term 1881, No. 72. Assumpsit, brought May 2d, 1879, by Willoughby Wesner against Moses Stein and Amos Greenawalt, upon the following promissory note. §500. Albany, April 1st 1870. One year after date, I promise to pay to the order of Willoughby Wesner Five hundred dollars, with interest, without defalcation, for value received. Moses Stein, Amos Greenawalt. On the back of the note were the following endorsements : Pait the interest on this note in ful from April 1870 til April 1871. §30. Pait the interest on this note in ful from…
1Opinion of the Court
The opinion of the court was delivered by
Mercur, J.,
May 2d 1881.
This action was on a promissory note. Suit was commenced more than six years after the note became due. The plaintiff relied on acts and acknowledgments of the defendant to avoid the bar of the Statute of Limitations. The court charged that nothing less than a olear and explicit promise to pay was sufficient, that its *326terms must ’be unequivocal and determinate, and the promise must have been made by the defendant himself.
It is settled that the acknowledgment or admission must be a clear and unambiguous recognition of an existing…
2Cited by15 opinions
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Keener v. Zartman, Pennsylvania Court of Common Pleas, Lancaster County1891
- Clay v. McCreanorSuperior Court of Pennsylvania · 1899
- Dick v. Daylight Garage, Inc.Supreme Court of Pennsylvania · 1939
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