McIntosh v. Condron

Citations

• 20 Pa. Super. 118
• 1902 Pa. Super. LEXIS 195

Syllabus

<p>Statute of limitations — Waiver—Promissory notes — Seal.</p> <p>A waiver under seal of the “ claim and benefit of the statute of limitations” indorsed on a promissory note more than six years after the note had matured, will bar a plea of the statute of limitations in a subsequent suit on the note brought within six years from the date of the waiver.</p> <p>Statute of limitations — Promissory note — Waiver—Promise to pay — Evi dence — Burden of proof.</p> <p>In an action upon a promissory note brought more than six years after its maturity, where the plea of the bar of the statute of limitations has been met by proof of an express waiver of the statute in writing and under seal indorsed on the note, and by an express oral promise to pay the note, and there is no evidence of fraud, imposition or undue influence in securing from the payee the waiver and the promise, and there is no evidence of the payee's lack of capacity, except that he vvas old and was subject to fainting spells, the plaintiff is entitled to explicit instructions that the waiver indorsed on the note, if executed under the circumstances detailed by the witnesses, was sufficient in law to remove the bar of the statute, and to cast on the defendant the burden of proving facts which in law would deprive it of that effect.</p>