Wetter v. Kiley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clarion county: Of October and November Term 1880, No. 74. Assumpsit by Henry Wetter, to the use of the First National Bank of Clarion, against J. B. Kiley, upon the following promissory note:— $2000. Clarion, Pa., Feb. 5th 1878. Ninety days after date I promise to pay to the order of Henry Wetter, two thousand dollars, at the First National Bank of Clarion, Pa., without defalcation for value received.
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Error to the Court of Common Pleas of Clarion county: Of October and November Term 1880, No. 74. Assumpsit by Henry Wetter, to the use of the First National Bank of Clarion, against J. B. Kiley, upon the following promissory note:— $2000. Clarion, Pa., Feb. 5th 1878. Ninety days after date I promise to pay to the order of Henry Wetter, two thousand dollars, at the First National Bank of Clarion, Pa., without defalcation for value received. If not paid at maturity waiving exemption, inquisition, appeals, without stay of execution, and with five per cent, attorney’s commission. (Signed) J. B.…
1Opinion of the CourtJustice Gordon
We cannot say that the court below did wrong in refusing to quash the appeal from the award of arbitrators. It is true, the defendant’s agreement, waiving the right of appeal, might have been enforced had an attempt in that direction been made at the proper time. But it is no less true, that the payee of the note, in which that agreement is found, might waive, by his laches, his right to enforce it. In the case of the Delaware and Hudson Canal Co. v. Loftus, 21 P. F. Smith 418, it was held, that acquiescence in an appeal may be inferred from an appearance by the plaintiff, acceptance of pleas…
2Cases cited1 opinion
- Brown v. JonesSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Lanigan v. LEWISSuperior Court of Pennsylvania · 1967
- Fitzgerald v. ChapmanSuperior Court of Pennsylvania · 1967