McIntosh v. Condron
Superior Court of Pennsylvania
Appeal, No. 235, Oct. T., 1900, by plaintiff, from judgment of C. P. Blair Co., June T., 1899, No. 260, on verdict for defendant in case of Elizabeth McIntosh v. James Condron. Assumpsit on a promissory note. Before Bell, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 235, Oct. T., 1900, by plaintiff, from judgment of C. P. Blair Co., June T., 1899, No. 260, on verdict for defendant in case of Elizabeth McIntosh v. James Condron. Assumpsit on a promissory note. Before Bell, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [That acknowledgment and that promise, if they were made> certainly would be sufficiently clear and specific to bar the statute of limitations ; and under ordinary circumstances I would feel it my duty to say to you, as a matter of law, that there was no defense to this…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought on June 19, 1899, on a promissory note dated November 1, 1887, payable one year after date. The defendant pleaded non assumpsit and the bar of the statute of limitations. The plaintiff alleged in her statement of claim, and proved on the trial the execution of the following waiver, which was indorsed on the back of the note:
“And now, April 10, 1897, for value received, I do hereby waive claim and benefit of the statute of limitation on the within note. Witness my hand and seal.
“Attest: James Condron. [Seal]
“ H. A. McFadden.
The…
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