Contributors to the Pennsylvania Hospital v. Gibson
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was a scire facias (March term, 1839, No. 1084,) on a mortgage given by defendants to plaintiffs, dated June 28, 1834, for four thousand five hundred dollars, payable within ten years from the first day of September, 1833, with interest half yearly, at the rate of five per cent, per annum, to be computed from the first day of September, 1833, with the following proviso: “ And provided also, and it is hereby mutually agreed by and between the parties hereto, that if at…
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THIS was a scire facias (March term, 1839, No. 1084,) on a mortgage given by defendants to plaintiffs, dated June 28, 1834, for four thousand five hundred dollars, payable within ten years from the first day of September, 1833, with interest half yearly, at the rate of five per cent, per annum, to be computed from the first day of September, 1833, with the following proviso: “ And provided also, and it is hereby mutually agreed by and between the parties hereto, that if at any time hereafter, default shall be made in the payment of the said interest for thirty days next after the same shall…
1Opinion of the Court
Ter Curiam.—
As to the first point made by defendant’s counsel, it is to be observed, that in effect, the non-enforcement by the *327mortgagees of the payment of the principal and interest on several occasions, when the latter became more than thirty days due, and their subsequent receipt of it, constituted a mere indulgence to the mortgagors as to time, and these circumstances do not per se constitute a waiver of the right of the mortgagees to insist on payment on a subsequent default occurring. A mere passive indulgence in a case like this, cannot amount to a waiver, any more than mere delay in…
2Cited by2 opinions
- Stanclift v. NortonSupreme Court of Kansas · 1873
- Biddle v. Conway, Pennsylvania Court of Common Pleas, Montgomery County1950