Watson v. Wetter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qlarion county: Of October and November Term 1879, No. 69. Assumpsit by H. Wetter, to use of W. C. Howe, against J. B. Watson and C. C. Brosius, on the following promissory note: “$1875. Clarion, Pa., June 18th 1877. Six months after date we promise to pay to the order of H. Wetter $1875, 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 Qlarion county: Of October and November Term 1879, No. 69. Assumpsit by H. Wetter, to use of W. C. Howe, against J. B. Watson and C. C. Brosius, on the following promissory note: “$1875. Clarion, Pa., June 18th 1877. Six months after date we promise to pay to the order of H. Wetter $1875, 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 for collection, fl 7393. J. B. Watson, Due…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The words contained in the note sued on, “ if not paid at maturity, waiving exemption appeals without stay of execution,” must have some meaning; they cannot be rejected as insensible. They evidently looked forward to legal proceedings on the note “ if not paid at maturity.” One of these proceedings would be a claim for exemption, and another an inquisition to condemn real estate. What then did “appeals” mean? Evidently it could only mean appeals from an award of arbitration. Compulsory arbitration is so ordinary a step in the collection of debts,…
3Cited by3 opinions
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- Roberts v. StuartSuperior Court of Pennsylvania · 1913